Star-Tribune Editorial Board

A showdown looms in the state's internal debate over environmental problems caused by water production from coal-bed methane development in Wyoming.

The dispute may seem far removed from most people's daily lives, but it matters because its outcome could affect the state's environment as well as its economy.

The conflict has put the state Environmental Quality Council at odds with much of state government, including the governor, who appoints its seven members. Gov. Dave Freudenthal, mindful that CBM production has spurred Wyoming's economic boom, has consistently backed the industry.

But the council, to its credit, has continued to honor its current charter in hearing complaints that Wyoming regulators need to enforce a "no-harm" policy in the CBM industry. Last week the council revoked a coal-bed water discharge permit and sent it back to the state Department of Environmental Quality to fix several perceived problems.

The industry's practice of dumping huge amounts of by-product water from coal-bed methane production into bottomlands used for grazing has led to widespread criticism from Wyoming ranchers and conservationists, an unlikely alliance. But the state has insisted water volume considerations are outside the DEQ's permitting authority, even though the large quantity of CBM water has resulted in year-round flooding of some productive bottomlands.

The Powder River Basin Resource Council petitioned the EQC for a rule-making process that could force DEQ to require more stringent water management practices. The EQC agreed to take on the project, although there is no guarantee it will support a rule change at DEQ.

Still, that action alone prompted Freudenthal to request a written opinion by Attorney General Pat Crank.

Crank's opinion, unfortunately, didn't settle anything. The CBM industry interprets the opinion as taking the issue out of the council's hands. The council reads the opinion differently and is proceeding.

Adding to the political pressure on the council is a special legislative task force that is talking about new laws for regulating the CBM industry. A new law would trump any rule written by the council.

It shouldn't come to that. Wyoming officials should remember that the Environmental Quality Council is composed of citizens who implement the Wyoming Environmental Quality Act through rules and regulations at DEQ. This kind of appointed panel - insulated from the political pressures that affect elected officials - frequently offers a valuable, independent perspective.

Instead of challenging the rule-making process, the state should let it play out. Council members certainly are aware that any rule change they propose will have significant impact on the coal-bed methane industry - and on Wyoming. They also know that the governor and the Legislature are likely to intervene if they think the council has erred.

In the meantime, the council should be allowed to do its job.