Showing posts with label Mid-Week at Work. Show all posts
Showing posts with label Mid-Week at Work. Show all posts

Lex Anteinternet: A conversation with an old friend. The Good Death, and the Good Life and Existential Occupations.

Lex Anteinternet: A conversation with an old friend. The Good Death...

A conversation with an old friend. The Good Death, and the Good Life and Existential Occupations.


A really old friend of mine and I were talking about it just last week.

I had to catch up with him as he was working on something for me.  It was Friday, but I was fairly formally dressed and he noted it. The reason was that I had just come from my uncle's funeral earlier that day.  He extended his sympathies, but I noted that my uncle had lived a long and good life.  Not a life free of troubles, as no such thing existed, but a long life, that was well lived, and he'd remained sharp right up until the end.  His health had declined in recent years, but only in very recent ones.  It was the last few months that were rough.

My friend and I, who first knew each other as National Guardsmen back in the 80s, are co-religious.  Neither of us was married when we first met, but both of us have, and have seen our kids grow up since then.  And of course, we've seen our parents pass away, his before mine.  He has siblings, which I do not, and one of his brothers died, only in his 50s.  I noted that in the Middle Ages, people often prayed for good deaths, and he noted that a prayer group that he's in now does that every week.

Prayer for a Happy Death

O God, great and omnipotent judge of the living and the dead, we are to appear before you after this short life to render an account of our works. Give us the grace to prepare for our last hour by a devout and holy life, and protect us against a sudden and unprovided death. Let us remember our frailty and mortality, that we may always live in the ways of your commandments. Teach us to "watch and pray" (Lk 21:36), that when your summons comes for our departure from this world, we may go forth to meet you, experience a merciful judgment, and rejoice in everlasting happiness. We ask this through Christ our Lord. Amen.

I'm constantly amazed by people who work into old age, as I'd judge it, and keeping working.  A dear friend of mine, now in his 70s, noted that just the other day.  He doesn't have to, he just is.  Likewise, I know a collection of lawyers who fit that description.  The law is a hard job, surrounded by hard facts, hard people, and difficult scenarios

I think they just know nothing else, their real personalities, perhaps, burnt to the core eons ago.

In contrast, I'm also constantly amazed by those who have extensive plans for their retirements well before they can retire.  Another friend of mine fits this category, but when I look at him, I can tell his physical condition is so poor it'd be amazing if he lives long enough to retire.  It's one of those things where you don't know what to say.  If you were to be blunt, you'd say that the dreams of early retirement are probably forlorn, but that his dreams of retiring at all may be foreclosed by a bad early death, if some correction isn't made soon, and those corrections are harder to make once you are past your 30s.

The call came to my wife on Saturday.  I could tell from the tone what the topic was, without even being told.  A relative of hers was on his way to the hospital by helicopter.  Even though he was being sent in, in that fashion, I knew, but did not say it, that he'd not make it.  I'm not even sure if he wanted to.

And so another death.

In this case, unlike my uncle, he was much younger.  My age, in fact.  I hadn't seen him for many years, and before his troubles really set in.  He hadn't been able to adjust to them well.  The most common comment from people, none of whom were surprised, was that his torment was over.

I don't have any big plans, like one of my friends, for retirement.  I hope to be healthy, and just become more of an agrarian-killetarian than I presently am.  Funny thing is that recently I've been running into people who claim "you're looking really good". Somebody asked me the other day, indeed at the funeral gathering, "you're working out", the question in the form of a statement.  Not really.

Indeed, I've gained some weight I seemingly just can't lose, which I think is the byproduct of my thyroid medicine, which has made me hungry, and I know that I'm not in the physical condition I was before my recent health troubles commenced.  People close to me just won't accept that, which brings me to the other side of the retirement coin noted above.  Some lawyers I know are already planning for me to work into my 70s, as that's the thing to do, apparently. Long-suffering spouse, for her part, won't say something like that, but from an ag family, she doesn't really accept the concept of retirement anyhow.  Having said that, I wouldn't plan on my retiring from the ag operation either.

It finally occured to me, however, what's different about agricultural jobs as opposed to others, at least if you are an owner of the enterprise or part of it.  The occupation itself is existentially human.  It is, if you will, an Existential Occupation, or at least it is right now. The mindless gerbil like advance of "progress" may ruin that and reduce it to just another occupation.

Existential Occupations are ones that run with our DNA as a species.  Being a farmer/herdsman is almost as deep in us as being a hunter or fisherman, and it stems from the same root in our being.  It's that reason, really, that people who no longer have to go to the field and stream for protein, still do, and it's the reason that people who can buy frozen Brussels sprouts at Riddleys' still grown them on their lots.  And its the reason that people who have never been around livestock will feel, after they get a small lot, that they need a cow, a goat, or chickens.  It's in us.  That's why people don't retire from real agriculture.

It's not the only occupation of that type, we might note.  Clerics are in that category.  Storytellers and Historians are as well.  We've worshiped the Devine since our onset as a species, and we've told stories and kept our history as story the entire time.  They're all existential in nature.  Those who build certain things probably fit into that category as well, as we've always done that.  The fact that people tinker with machinery as a hobby would suggest that it's like that as well.

Indeed, if it's an occupation. . . and also a hobby, that's a good clue that its an Existential Occupation.

If I were to retire from my career, which I can't right now, I wouldn't be one of those people who spend their time traveling to Rome or Paris or wherever.  I have very low interest in doing that.  I'd spend my time writing, fishing, hunting, gardening (and livestock tending).  That probably sounds pretty dull to most people.  I could imagine myself checking our Iceland or Ireland, or fjords in Norway, but I likely never will.

What I can't imagine myself doing is imagining that age and decline don't occur, and that I should be in court in my 70s.  I don't think that the lawyers who do that realize that younger lawyers don't admire that, and most of the lawyers I'm running into in court are younger than me now.  

And indeed, frankly, it isn't admirable.  People who work a hard non-existential job and keep at it into their advanced old age, or at least past their 7th decade, have just lost something they were when they were young, and much of that is themselves.  They've lost who they were.

AN ACT OF FAITH IN ANTICIPATION OF THE HOUR OF DEATH

From the works of St. Pompilio M. Pirrotti

On my journey toward eternity, dear Lord,

 

I am surrounded  by powerful enemies of my soul.

I live in fear and trembling,

especially at the thought of the hour of death,

on which my eternity will depend,

and of the fearful struggle that the devil will then have to wage against me,

knowing that little time is left for him to accomplish my eternal ruin.

I desire, therefore, O Lord,

to prepare myself for it from this hour,

by offering you now, in view of my last hour,

my profession of faith and love for you,

which is so effectual in repressing and rendering useless

all the crafty and wicked schemes of the enemy

and which I resolve to oppose to him at that moment of such grave consequence,

even though he should dare alone to attack with his deceits

the peace and tranquility of my spirit.


I N.N.,

in the presence of the Most Holy Trinity,

the blessed Virgin Mary,

my holy Guardian Angel

and the entire heavenly host,

affirm that I wish to live and die under the standard of the Holy Cross.


I firmly believe all that our Holy Mother,

the holy, catholic and apostolic Church,

believes and teaches.

It is my steadfast intention to die in this holy faith,

in which all the holy martyrs, confessors and virgins of Christ have died,

as well as all those who have saved their souls.


If the devil should tempt me to despair

because of the multitude and grievousness of my sins,

I affirm that from this day forth

I firmly hope in the infinite mercy of God,

which will not let itself be overcome by my sins,

and in the Precious Blood of Jesus

which has washed all my sins away.


If the devil should assail me with temptations to presumption

by reason of the small amount of good

which by the help of God

I may have been able to accomplish,

I confess from this day forth

that I deserve eternal separation from God

a thousand times by my sins

and I entrust myself entirely

to the infinite goodness of God,

through whose grace alone I am what I am.


Finally, if the evil spirit should suggest to me

that the pains inflicted upon me by our Lord

in that last hour of my life

are too heavy to bear,

I affirm now that all will be as nothing

in comparison with the punishments I have deserved throughout life.

In the bitterness of my soul

I call to remembrance all my years;

I see my iniquities, I confess them and detest them.

Ashamed and sorrowful I turn to you,

my God, my Creator and my Redeemer.

Forgive me, O Lord, by the multitude of your mercies;

forgive your servant whom you have redeemed by your Precious Blood.


My God, I turn to you, I call upon you, I trust in you;

 to your infinite goodness

I commit the entire reckoning of my life.

I have sinned greatly, O Lord:

 enter not into judgment with your servant,

who surrenders to you

and confesses his guilt.

Of myself I cannot make satisfaction to you for my countless sins:

I do not have the means to pay you for my infinite debt.

But your Son has shed his Blood for me,

and greater than all mine sins is your mercy.


O Jesus, be my Saviour!

At the hour of my fearful crossing to eternity

put to flight the enemy of my soul;

grant me grace to overcome every difficulty,

for you alone do mighty wonders.


Lord,

according to the multitude of your tender mercies

I shall enter into your dwelling place.

Trusting in your pity,

I commend my spirit into your hands!


May the Blessed Virgin Mary

and my Guardian Angel

accompany my soul into the heavenly country. Amen.

We should all hope and indeed pray for a happy death.  And perhaps we should pray for a happy life, which is one worthwhile.  That doesn't, quite frankly, include the "I'm going to work here at my desk until I die".  That's surrendering to fear or meaningless, in most cases.

Again, there are exceptions.  People with Existential Occupations, people who own their own special business, and the like.  The list can't really be set out in full.

That doesn't include pouring through the latest edition of the IRS code for deductions, or reading the Restatement (Second) of Torts, or engineering an oilfield implement. 

Lex Anteinternet: Mid Week At Work: Endings.

Lex Anteinternet: Mid Week At Work: Endings.:

Mid Week At Work: Endings.


I posted this the other day:

Sigh . . .

And depicted with a horse too. . . 

Kroger retires after 35 years of service 

Bart KrogerCODY - Worland Wildlife Biologist Bart Kroger retired last month, bringing his 35-year career with the Wyoming Game and Fish Department to a close. 

“Bart has been referred to as the ‘core of the agency’, meaning through his dedication and continuous hard work, he has significantly and meaningfully impacted wildlife management within his district and throughout the state,” said Corey Class, Cody region wildlife management coordinator. “Throughout his career, he has been a solid, steady and dependable wildlife biologist, providing a foundation for wildlife conservation and management in the Bighorn Basin.”

Through his quiet and thoughtful approach, Bart has gained the respect of both his peers and the public. Bart is best known for his commitment to spending time in the field gaining first-hand knowledge of the wildlife and the habitat that supports them, as well as the people he serves in his district. 

 Found this old draft the other day

RETIREMENT ELIGIBILITY

Vesting Requirements

After obtaining 72 months of service, you are eligible to elect a monthly benefit at

retirement age. The 72 months of service do not have to be consecutive months.

Retirement Eligibility

You are eligible for retirement when you reach age 50 and are vested. There is no

early retirement under this plan. You must begin drawing your benefit no later than

age 65.

Which means, as a practical matter, if you are to draw retirement as a Wyoming Game Warden, you need to take the job no later than the beginning of your 59th year.

Of course, if you started at age 59, you wouldn't be drawing much, if anything.

That doesn't mean, of course, that you couldn't be hired after age 59.  You'd just draw no retirement.

The actual statute on this matter states the following, as we noted in a prior thread, from 2023, quoted below:

2. Wyoming Game Wardens were once required to retire at age 55, but a lawsuit some decades ago overturned that. It, in turn, was later overruled, but by that time the state had changed the system. Since that time, it's set it again statutorily, with the age now being 65 by law.  There aren't, therefore, any 67-year-old game wardens.

Statutorily, the current law provides:

9-3-607. Age of retirement.

(a) Any employee with six (6) or more years of service to his credit is eligible to receive a retirement allowance under this article when he attains age fifty (50).

(b) Effective July 1, 1998, any employee retiring after July 1, 1998, with twenty-five (25) or more years of service may elect to retire and receive a benefit upon attaining age fifty (50) as described in W.S. 9-3-610.

(c) Repealed by Laws 1993, ch. 120, §§ 1, 2.

(d) Any employee in service who has attained age sixty-five (65), shall be retired not later than the last day of the calendar month in which his 65th birthday occurs. 

Age limitations of this type are tied to physical fitness.  But what about mental fitness?  As mentioned here before, Gen. Marshall forcibly retired most serving U.S. Army generals, or at least sidelined them, who were over 50 years of age during World War Two, and that had to do with their thinking.  We now allow judges to remain on the bench until they are 70.  Would 60 make more sense?  And can the same argument be made for lawyers, who are officers of the court?

This differs, I'd note, significantly from the Federal Government.  The cutoff there is age 37.  That's it.

Have a wildlife management degree?  Spend the last few years in some other state agency?  Win the Congressional Medal of Honor for single handled defeating the Boko Haram?  38 years old now? Well, too bloody bad for you.

Anyhow, I guess this says something about the American concept that age is just a number and the hands of the clock don't really move.

They do.


On a somewhat contrary note, I was in something this week when a 70-year-old man indicated he might retire in order to take a job as a commercial airline pilot.

He's never been employed in that capacity, but he's had the license for 50 years.  It wouldn't be carrying people for United or something, but in some other commercial capacity.  

He's always wanted to do it, and has an offer.

Well, more power to him.

I did a lot of what this lawyer is doing here, when first practicing, in front of barrister cases just like this.  No young lawyer does that now.

I spoke to a lawyer I've known the entire time I've been practicing law, almost. He's four years younger than me, which would make him 56 or so.  He's worked his entire career in general civil, in a small and often distressed town, in a firm founded by his parents.  When I was first practicing, it was pretty vibrant.

Now he's the only one left.

He's retiring this spring.  This was motivated by his single employee's decision to retire.

I was really surprised, in part due to his age.  I'm glad that he can retire, but it was a bit depressing.  We're witnessing, in Wyoming, the death of the small town civil firm.  Everything is gravitating to the larger cities, and frankly in the larger cities, they're in competition with the big cities in Colorado and Utah.  That's insured a bill in the legislature to try to recruit lawyers to rural areas.*

It's not going to work.

The problem has been, for some time, that it's impossible to recruit young lawyers to small rural areas.  The economics don't allow for it.  The economics don't allow for it, in part, as the Wyoming Supreme Court forced the Uniform Bar Exam down on the Board of Law Examiners, and that resulted in opening the doors to Denver and Salt Lake lawyers.  It's been something the small firms have been competing against ever since.

And not only that, but some sort of demographic change has operated to just keep younger lawyers out of smaller places, and frankly to cause them to opt for easier paths than civil law in general.  I know older lawyers that came from the larger cities in the state, and set up small town practices when they were young, as that's where the jobs were and having a job was what they needed to have.  I've even known lawyers who went to UW who moved here from somewhere else who took that path, relocating from big Eastern or Midwestern cities to do so.

No longer.  Younger lawyers don't do that.

Quite a few don't stick with civil practice at all.  They leave for government work, where the work hours are regular, and the paycheck isn't dependent on billable hours.   And recently, though we are not supposed to note it, young women attorneys reflect a new outlook in which a lot of them bail out of practice or greatly reduce their work hours after just a few years in, a desire to have a more regular domestic life being part of that.

I guess people can't be blamed for that, but we can, as a state, be blamed for being shortsighted.  Adopting the UBE was shortsighted.  Sticking with it has been inexcusable.  I'm not the only one who has said so, and frankly not the only one who probably paid a price for doing so.  The reaction to voices crying in the wilderness is often to close the windows so you don't have to hear them.  Rumor had it, which I've never seen verified and have heard expressly denied by a person within the law school administration, that it was done in order to aid the law school, under the theory that it would make UW law degrees transportable, which had pretty much the practical effect on the local law as Commodore Matthew Perry opening up trade with Japan.

Wyoming Board of Law Examiners bringing in the UBE.

The lawyer in this case is worried, as he has no hobbies and doesn't know what he'll do with himself.  I'm surprised how often this concern is expressed.  To only have the law, or any work, is sad.  But a court reporter, about my age, expressed the same concern to me the other day.

Court reporting has really taken a beating in this state, more so than lawyers.  When I was first practicing, every community had court reporters.  Now there are hardly any left at all.  Huge firms are down to just a handful of people, and people just aren't coming into the occupation.  It's a real concern to lawyers.

It's always looked like an interesting job to me, having all the diversity of being a lawyer, with seemingly a lot less stress.  But having never done it, perhaps I'm wildly in error.  We really don't know what other people's jobs are like unless we've done them.

A lawyer I know just died by his own hand.

I met him when he took over for a very long time Wyoming trial attorney upon that attorney's death.

The attorney he took over for had died when he went in his backyard and put a rifle bullet through his brain.  He was a well known attorney, and we could tell something wasn't quite right with him.  Just the day prior, he called me and asked for an extension on something.  I'd already given two.  I paused, and then, against my better judgment, said, "well. . . okay".  

I'd known him too long to say no.

He was clearing his schedule.  If I had said no, I feel, he wouldn't have done it, and he'd be alive today.

The new attorney came in and was sort of like a goofy force of nature.  Hard to describe.  A huge man, probably in his 40s at the time, but very childlike.  He talked and talked. Depositions would be extended due to long meandering conversational interjections, as I learned in that case and then a very serious subsequent one.

He was hugely proud of having been a member of a legendary local plaintiff's firm.  That didn't really matter much to me then, and it still doesn't.  My family has always had an odd reaction to the supposedly honorific.  My father never bothered to collect his National Defense Service Medal for serving during the Korean War, I didn't bother to get my Reserve Overseas Training Ribbon, or my South Korean award for Operation Team Spirit, I don't have my law school diploma's anymore. . . It's not that they aren't honors, it's just, well, oh well.  We tend to value other things, which in some ways sets standards that are highers than others, and very difficult to personally meet.

Anyhow, the guy was very friendly and told me details of his life, not all of which were true.  He was raised by his grandmother, his grandmother had somehow encouraged him to go to law school,  Both true.

He was from Utah and grown up there, but consistently denied being a Mormon.  His wife was Mormon, he said.  He was an Episcopalian.  As I'm very reserved, I'm not really going to talk religion with somebody I only casually and professionally know, as opposed to one of my very extroverted and devout partners who will bring it up at the drop of a hat, and his religious confession didn't particularly matter to me, given the light nature of our relationship.  As it turns out, and as I suspected, that wasn't even remotely true.  He was and always had been a Mormon.  Why did he lie about that?  No idea.

I suppose this is some sort of warning here, maybe.

The first lawyer noted in this part of this entry had suffered something hugely traumatic early in his life and never really got over it. Some people roll with the punches on traumas and some do not.  We hear about combat veterans all the time who live with the horrors they experienced, and which break them down, all the time, but I've known a couple who didn't have that sort of reaction at all, and who could coolly relate their combat experiences.  Others can't get over something that happened to them, ever.

With the second lawyers, there were some oddities, one being that he jumped from firm to firm, and to solo, and back and forth, all the time. That's unusual.  Another was that he seemed to have pinned his whole identify on being a lawyer.  It's one thing, like the retiring fellow above, to have worked it your whole life and have nothing else to do, it's quite another to have that make up everything you are.  He'd drunk deeply of the plaintiff's lawyer propaganda about helping the little guy and all that crap, and didn't really realize that litigators often hurt people as often as they help them, or do both at the same time.  Maybe the veil had come off.  Maybe he should never have been a lawyer in the first place.  Maybe it was organic and had nothing to do with any of this.

Well, the moral of this story, or morals, if there are any, would be this.  You don't have endless time to do anything, 70-year-old commercial airline pilots aside. You probably don't know what it's like to do something unless you've actually done it, but you can investigate it and learn as much as possible.  The UBE, which the Wyoming Supreme Court was complicit in adopting, is killing the small  town civil lawyer and only abrogating it, or its successor, and restoring the prior system can address that.   The entire whaling for justice plaintiff's lawyer ethos is pretty much crap.  And, finally, you had some sort of identify before you took up your occupation.  Unless that identity was what you became, before you became it, don't let the occupation become it.  It may be shallower than you think.

Footnotes:

The bill:

SENATE FILE NO. SF0033

Wyoming rural attorney recruitment program.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to attorneys-at-law; establishing the rural attorney recruitment pilot program; specifying eligibility requirements for counties and attorneys to participate in the program; specifying administration, oversight and payment obligations for the program; requiring reports; providing a sunset date for the program; authorizing the adoption of rules, policies and procedures; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 33‑5‑201 through 33‑5‑203 are created to read:

ARTICLE 2

RURAL ATTORNEY RECRUITMENT PROGRAM

33‑5‑201.  Rural attorney recruitment program established; findings; program requirements; county qualifications; annual reports.

(a)  In light of the shortage of attorneys practicing law in rural Wyoming counties, the legislature finds that the establishment of a rural attorney recruitment program constitutes a valid public purpose, of primary benefit to the citizens of the state of Wyoming.

(b)  The Wyoming state bar may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice law in those counties.

(c)  Each county eligible under this subsection may apply to the Wyoming state bar to participate in the program. A county is eligible to participate in the program if the county:

(i)  Has a population of not greater than twenty‑five thousand (25,000);

(ii)  Has an average of not greater than one and one‑half (1.5) qualified attorneys in the county for every one thousand (1,000) residents. As used in this paragraph, "qualified attorney" means an attorney who provides legal services to private citizens on a fee basis for an average of not less than twenty (20) hours per week. "Qualified attorney" shall not include an attorney who is a full‑time judge, prosecutor, public defender, judicial clerk, in‑house counsel, trust officer and any licensed attorney who is in retired status or who is not engaged in the practice of law;

(iii)  Agrees to provide the county share of the incentive payment required under this article;

(iv)  Is determined to be eligible to participate in the program by the Wyoming state bar.

(d)  Before determining a county's eligibility, the Wyoming state bar shall conduct an assessment to evaluate the county's need for an attorney and the county's ability to sustain and support an attorney. The Wyoming state bar shall maintain a list of counties that have been assessed and are eligible to participate in the program under this article. The Wyoming state bar may revise any county assessment or conduct a new assessment as the Wyoming State bar deems necessary to reflect any change in a county's eligibility.

(e)  In selecting eligible counties to participate in the program, the Wyoming state bar shall consider:

(i)  The county's demographics;

(ii)  The number of attorneys in the county and the number of attorneys projected to be practicing in the county over the next five (5) years;

(iii)  Any recommendations from the district judges and circuit judges of the county;

(iv)  The county's economic development programs;

(v)  The county's geographical location relative to other counties participating in the program;

(vi)  An evaluation of any attorney or applicant for admission to the state bar seeking to practice in the county as a program participant, including the attorney's or applicant's previous or existing ties to the county;

(vii)  Any prior participation of the county in the program;

(viii)  Any other factor that the Wyoming state bar deems necessary.

(f)  A participating eligible county may enter into agreements to assist the county in meeting the county's obligations for participating in the program.

(g)  Not later than October 1, 2024 and each October 1 thereafter that the program is in effect, the Wyoming state bar shall submit an annual report to the joint judiciary interim committee on the activities of the program. Each report shall include information on the number of attorneys and counties participating in the program, the amount of incentive payments made to attorneys under the program, the general status of the program and any recommendations for continuing, modifying or ending the program.

33‑5‑202.  Rural attorney recruitment program; attorney requirements; incentive payments; termination of program.

(a)  Except as otherwise provided in this subsection, any attorney licensed to practice law in Wyoming or an applicant for admission to the Wyoming state bar may apply to the Wyoming state bar to participate in the rural attorney recruitment program established under this article. No attorney or applicant shall participate in the program if the attorney or applicant has previously participated in the program or has previously participated in any other state or federal scholarship, loan repayment or tuition reimbursement program that obligated the attorney to provide legal services in an underserved area.

(b)  Not more than five (5) attorneys shall participate in the program established under this article at any one (1) time.

(c)  Subject to available funding and as consideration for providing legal services in an eligible county, each attorney approved by the Wyoming state bar to participate in the program shall be entitled to receive an incentive payment in five (5) equal annual installments. Each annual incentive payment shall be paid on or after July 1 of each year. Each annual incentive payment shall be in an amount equal to ninety percent (90%) of the University of Wyoming college of law resident tuition for thirty (30) credit hours and annual fees as of July 1, 2024.

(d)  Subject to available funding, the supreme court shall make each incentive payment to the participating attorney. The Wyoming state bar and each participating county shall remit its share of the incentive payment to the supreme court in a manner and by a date specified by the supreme court. The Wyoming state bar shall certify to the supreme court that a participating attorney has completed all annual program requirements and that the participating attorney is entitled to the incentive payment for the applicable year. The responsibility for incentive payments under this section shall be as follows:

(i)  Fifty percent (50%) of the incentive payments shall be from funds appropriated to the supreme court;

(ii)  Thirty‑five percent (35%) of the incentive payments shall be provided by each county paying for attorneys participating in the program in the county;

(iii)  Fifteen percent (15%) of the incentive payments shall be provided by the Wyoming state bar from nonstate funds.

(e)  Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the supreme court, the participating county and the Wyoming state bar that obligates the attorney to practice law full‑time in the participating county for not less than five (5) years. As part of the agreement required under this subsection, each participating attorney shall agree to reside in the participating county for the period in which the attorney practices law in the participating county under the program. No agreement shall be effective until it is filed with and approved by the Wyoming state bar.

(f)  Any attorney who receives an incentive payment under this article and subsequently breaches the agreement entered into under subsection (e) of this section shall repay all funds received under this article pursuant to terms and conditions established by the supreme court. Failure to repay funds as required by this subsection shall subject the attorney to license suspension.

(g)  The Wyoming state bar may promulgate any policies or procedures necessary to implement this article.  The supreme court may promulgate any rules necessary to implement this article.

(h)  The program established under this article shall cease on June 30, 2029, provided that attorneys participating in the program as of June 30, 2029 shall complete their obligation and receive payments as authorized by this article.

33‑5‑203.  Sunset.

(a)  W.S. 33‑5‑201 and 33‑5‑202 are repealed effective July 1, 2029.

(b)  Notwithstanding subsection (a) of this section, attorneys participating in the rural attorney pilot program authorized in W.S. 33‑5‑201 and 33‑5‑202 shall complete the requirements of the program and shall be entitled to the authorized payments in accordance with W.S. 33‑5‑201 and 33‑5‑202 as provided on June 30, 2029.

Section 2.  There is appropriated one hundred ninety‑seven thousand three hundred seventy‑five dollars ($197,375.00) from the general fund to the supreme court for the period beginning with the effective date of this act and ending June 30, 2029 to be expended only for purposes of providing incentive payments for the rural attorney recruitment program established under this act. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2029.

Section 3.  This act is effective July 1, 2024.

Lex Anteinternet: Mid Week At Work: A Christmas Carol.

Lex Anteinternet: Mid Week At Work: A Christmas Carol.

Mid Week At Work: A Christmas Carol.

Business!” cried the Ghost, wringing its hands again. “Mankind was my business. The common welfare was my business; charity, mercy, forbearance, and benevolence, were all my business. The dealings of my trade were but a drop of water in the comprehensive ocean of my business!”

A Christmas Carol

Lex Anteinternet: Before the Oil. And after it? The economies of Wyoming and Alaska.

Lex Anteinternet: Before the Oil. And after it? The economies of W...


Before the Oil. And after it? The economies of Wyoming and Alaska.

This is a thread that I captioned, in a somewhat different form ("Before the Oil") and then failed to add any text to, after I'd come back from the last vacation I went on, which was to Alaska.  

Fish hook statue, Homer Alaska.

That was several years ago, 2015, which I guess says something about me, and it isn't good.

Anyhow, what I had intended to write on, and still will, was Alaska before aggressive oil exploration in the 1970s.  I never got around to it, but unlike some undeveloped posts here, and indeed unlike some developed ones, I didn't trash the draft as I still intended to come back to it, which I'm not doing. 

But now, I'm going to add in Wyoming as well.

Indeed, even since I started what was sort of a pioneering thread, at the time I resumed it several days ago, this story has continued to develop and now I can't really claim the "you heard it here first" tag that it would have deserved.  An article very similar to this one, in some ways, has already appeared in the Tribune, for instance.  And indeed, not one articles, but now two.

Wyoming stands in a completely unique position in comparison to Alaska in that oil has been a feature of our economy going all the way back to the 1880s.  This isn't the case for Alaska, although oil was discovered in Alaska as early as 1902,but because of the state's high transient population, chances are good that there are plenty of Alaskans at this point who have no memory of a pre oil economy.  Both Wyoming and Alaska can be pretty chauvinistic about out states, but truth be known the transient population is so high that there are more imports than imports in the state at any one time.*

Real commercial exploration of oil started in Alaska in 1957, not earlier, in spite of a least one paper on Alaska's oil trying to track the history of oil exploration back that far.  I reality, prior to 57, oil wasn't much of a thing in Alaska and there are Alaskans just a little older than I am that might have a memory of the pre oil days. No living Wyomingite remembers a Wyoming before oil.

We may be about to find out what that is like.


Indeed, on the day I'm finally putting this up, it's believed that President Biden will enter a second, more permanent, order.

It's a fact of human memory that its largely inaccurate on certain things, while blisteringly accurate on others.  It's odd, but true.  And as part of that, it's almost impossible for people who have become acclimated to one economy to accept its change, let alone its disappearance. There are still people sitting around in Detroit who had worked in the automobile industry in the 1970s who are waiting for it to come back irrespective of the fact that automobile manufacturing went global in general, and went south, in the United States, in particular.  I don't know why Ford, Chrysler and General Motors centered their activities in that far northern state, but they did. They're never going to do that again.

Wyoming and Colorado were the homes, in the late 19th Century and early 20th, of a collection of famous saddle makers.  You could not only order one of their fine saddles in their shops, but also by mail.  There are still saddle makers in Wyoming, and in Colorado, and some very fine ones at that, but not that do the largescale sort of business that the saddle makers of that period did.  At least one of them located in Colorado warned his fellows to get out of the business in the early 20th Century before taking his own life.  He saw the automobile induced change coming, but he couldn't adapt to it himself.

At least Wyoming has been sort of like that.  We've experienced booms and busts repeatedly. Every time we busted, we vowed to broaden our economy, but we've never done it.  In our heart of hearts, we really don't think the oil economy will ever go away.


On this blog there's a very long thread on the history of coal.  I'm not going to repeat what was written out there, as its written out there. But what you'll find is that if you really look into it, coal began to decline as "King Coal" prior to World War One.  That wasn't obvious to common people however.  Indeed, it certainly wouldn't have been obvious to Wyomingites as coal came on strong here in the 1970s, well into the decline, paradoxically making coal's golden age something that's really a feature of my adult life.

Not so much that I obtained employment in the local coal industry, however.  Coal is cyclical like other energy sources and when oil slumped in the 1980s coal followed along, but more slowly. Again the history of my personal connection with it can be read in the other thread.

Petroleum oil and natural gas, which of course are not the same thing, have a more complicated history in regard to the state and the nation.  The US is a massive petroleum producer and always has been.  There's never been a point at which, after petroleum was first produced, that the US hasn't produced a lot of it.  And not just in the West, like we sometimes like to think, but also in regions of the East, Pacific Coast, and the South.  

The perception of an oil shortage, which came on strong in the US following the 1973 Oil Embargo, wasn't due to a lack of supply, but a gigantic demand.  After World War Two, and up until then, the US was the dominant economy of the world in an unprecedented way.  The Second World War left Europe and Asia's economies completely wrecked and they really didn't recover for a couple of decades thereafter.  It wasn't until the 1960s that European economies began to resemble what they had been, and it wasn't until the 1970s that Asian economies really entered the scene.

In that gap, the US economy went wild with expansion. At the same time, we became the free world's guardian or the world's policeman, depending upon your view.  At any rate, we kept producing a lot of oil but we also were consuming huge amounts at the same time.  We crept into being an oil importer without really realizing it and without doing anything to attempt to address it.  Cars that got 12 mpg were no big deal to us as the price of gasoline were pretty consistently low.

The 73 Oil Embargo changed all of that. There was a dual front effort to address the situation.  One was to expand our production of petroleum, and another was to reduce our consumption.

In expansion, if you lived in Wyoming in the 1970s, you knew that was going on. Drilling was going on like crazy.  And that's when the  concept of a Trans Alaska Pipeline came on.

That petroleum existed under Alaska's North Slope had been proven, but there was no way to get it to market. The pipeline was pushed as a way to address that.  It was controversial even at the time, as the Environmental movement already existed, but backed by a nation suffering from high petroleum prices and rampaging inflation, and Alaska's politicians boosting it as a way to open coffers of money to the state, it was amazingly rapidly built.  Even while the controversy went on, it was heralded as a technological achievement of historical proportions. As a kid in grade school at the time I recall it being compared to the Transcontinental Railroad as an achievement.

The expectation that the pipeline would transform Alaska was completely correct.  Oil booms, like booms of any kind, transform a region wherever they occur.  For Alaska, the impact was profound.

Prudhoe Bay, 1971.

Alaska became a petroleum producing state prior to the pipeline.  The first oil discovery was in 1902, so in some ways it's economy mirrors Wyoming's in this respect, but only slightly.  There was a 55 year gap in oil discoveries in Alaska after that, and the industry really took off in 1957.  That's long ago enough, however, and prior to statehood, such that one study notes that employment in Alaska's "traditional" economy, which includes fishing and logging, as well as petroleum extraction, hasn't changed since its 1959 statehood.  

Be that as it may, Alaska's oil fields presented all sorts of challenges that Wyoming's, Colorado's, California's, North Dakota's, Texas', etc., do not, and transportation was one of them.  Oil was produced in Alaska's large North Slope fields prior to the mid 1970s, but it had to be shipped out literally by ship, with that really being a seasonal endeavor. The pipeline changed all that.

This left Wyoming and Alaska in similar positions in the 1970s.  A massive oil boom in states with vast distances (with Alaska's obviously being much more vast) and economies that were in need of cash.  Wyoming had been relying on petroleum production for a large part of its economy going back to at least the 1910s, and World War One greatly expanded that.  Alaska hadn't really relied upon it until the 1960s, but it rapidly acclimated to it.  By the late 1970s both states had economies that depended enormously on petroleum production.  Wyoming had augmented its original prime industry, agriculture, with petroleum, and then coal, up to the point where they largely supplanted agriculture as economic drivers.  Alaska had started off with fishing and logging, which remain, like Wyoming's agriculture, but with petroleum being the main economic driver.

So where are we now?

Now we can hardly imagine a world that works differently.  Do we have to start to?

That's difficult to tell, in terms of the complete story, but at least Wyoming's example would suggest the answer is yes.  Wyoming, unlike Alaska, never relied completely on petroleum, although it relied heavily on it.  It had coal too.  Now that's rapidly passing away and the state is in deep economic trouble.  New petroleum booms have come on since 1990, fueled in part by massive technological advances in petroleum extraction, but they've tended to be natural gas centered, something that has oddly not been noticed outside of the industry. This is actually a good thing for the industry in Wyoming, however, as gas seems to be an up and coming fuel.  It's a bad thing in that the price has been pretty depressed recently, but that may be a temporary thing.

Which leads us to where are now.

That probably should start with the state of the industry.

Which is actually pretty hard to flesh out.

At the time of my writing this, there are four oil rigs that are working in Wyoming.  There are five working in Alaska, half as many as were working last year.  In August 2019  the rig count in Wyoming was 37.  So things are not going great.

There's a lot that went into causing that situation to occur.  One of them was geopolitical.  Saudi Arabia and Russia got into a price war and the prices went down and down. During that time, there was speculation that the Saudis were intentionally depressing the price in order to attack the American industry, which had been hugely successful in the prior decade but which also now relies enormously on horizontal drilling and fracing.  This means U.S. drilling is comparatively expensive.  Saudi production is cheap, but they depressed their prices so low that they weren't making money on it, leading to legitimate questioning about how wise their engaging in a game of oil chicken was.  Whatever their logic, the price of oil has never returned to a break even place for them.  Indeed, all the benchmarks remain below $60.00 bbl today.

Recently there's been some real efforts on the part of the Saudis to get their act together, raise prices, and return to some sort of normalcy in the market.  That briefly boosted prices, although it didn't stick. The resolve is there, however.  If they stick to it, they can manage to dry up the current petroleum surplus and slowly rise out of the current situation. The problem is that they really need to, as prices have fallen so low that petrostates are now no longer able to balance their budgets. That oddly doesn't seem to be a problem with wester nations that never do, but with nothing to fall back on, it is a problem.

Indeed, it's a problem for Wyoming and Alaska, for the same exact reason, except we didn't bring this on ourselves through starting a price war.

That's part of the reason that the price of oil is low, but another has to do with a transition that's occurring away from petroleum.  It was subtle at first, but now electric cars are coming on strong.  And added to that, quite a few younger people are simply eschewing driving.  It's somehow lost its allure.

That means that demand is actually fallen.  And as it fell, technology entered the picture and is increasingly changing the market.

Environmental concerns have been impacting automobile manufacturing since the 1970s, but within the last 20 years it was clear that electric cars would be on the scene in the near future.  In Wyoming, and I'd guess Alaska, there are still a fair number of people who are steadfastly obstinate in their rejection of the concept of electric cars, but the fact of the matter is that the pace of electric car technology is accelerating dramatically.  "They'll never make a pickup that can take you into the sticks" is still heard here, but it isn't true. They will, and soon.  Ford  and General Motors are introducing full sized standard electric 1/2 ton pickups  Chrysler hasn't, but it's holding back to see where things are going.  It will very soon.  Harley Davidson has an electric motorcycle. Chrysler's subsidiary has an electric Jeep.  

Within a decade, just on the current trend line, it's safe to assume that more electric automobiles will be sold than petroleum fueled ones.  With the accelerating pace of technology in the industry, that's all the more certain.  While people will deny it even now, we're in the end stage of the gasoline engine automobile.

And now new technologies are being explored for aircraft as well.  Boeing is going to be introducing aircraft that fly on biofuel.  Airbus is going to be introducing hydrogen fueled aircraft which would be even "greener" than that.  We're not only in the end of the era of fossil fuel ground automobiles, but in the end stage of fossil fueled aircraft as well, although that will take longer.

The only thing left, after that, are railroads, currently the most efficient, and greenest, means of transportation that there is.  The technological evolution there is obvious and has been for decades. The longest railway in the world, the Trans Siberian Railway, is electric.  American railways could be as well, but for the fact that fossil fuels have been so cheap.  

All of this leads, we'd note, to the topic of "green" electricity generation. And its been a big topic.  Ironically, its been something that's boosted the petroleum industry in the past couple of decades as coal has faded.  Environmental concerns on the part of consumers, and the inefficiency of coal in comparison to natural gas, has lead to a shift over to gas, which is cleaner.  It's not as clean, however, as wind and solar, which have really come on in the past couple of decades.

What would really put the bullet in all things fossil fuel would be nuclear power.  Bizarrely, and stupidly, the western world public just can't get around to grasping t hat.  It actually is the energy solution.  Having used nuclear energy first for a field deployed weapon has arguably put us decades behind deploying it for power.

The point of all of this is that Wyoming, and Alaska, the two states most heavily dependent on petroleum production, are frankly facing a pretty uncertain future in regard to them.  Pretty soon, electric cars will be the norm everywhere.  Pretty soon, aircraft will be using alternative fuels.  Pretty soon, maybe. . . . railroads will be electric, again maybe.

It's not that this would mean there's be no need for oil. There still would. Petrochemicals are a really big deal.  But the need would be dramatically reduced.  Where would we then be?

That's pretty hard to tell, actually.

It's hard in part because humans are notoriously inaccurate in predicting the future, and tend to block out things they don't like about what they can in fact predict.

Having said that, one thing that is clear is that "alternative energy" is going to be a big thing.  It already is.  But the number of people it employs is another thing.  One of the ironies about wind and solar is that not only are they greener in power generation, they're low overhead in terms of employees. The real work associated with them is in turnarounds, when infrastructure is replaced. But like turnarounds at refineries, that's not work that goes to locals.  Indeed, in a further irony, it tends, just like petroleum facility turnarounds to go to companies located in Texas and Oklahoma.  Those companies travel all over, and their employees are based somewhere else.

That leaves us with what we can see, which isn't necessarily what will be.  And that is those portions of the economy, or as I'm dealing with two, the economies, that predated the oil in the form it became.  And those were land based industries.  Agriculture, silviculture, and in Alaska's case, commercial fishing.  Those industries have been there the whole time.

But can you build a modern economy, if that's what we currently have, on those?

The evidence would be yes, but it'll require some thinking outside of the box.

We've dealt with this before, but the thing that Wyoming has been poor at it.  We'll pick that back up where we left off with it last time.

 Agriculture


 Oats

Agriculture is the great ignored industry in Wyoming.

This will being the hackles up on some, because agriculture in Wyoming is generally conceived of as ranching, and ranching has some real opponents in the modern U.S., even though in the West, contrary to the anti's views, its darned near environmentally neutral.  In fact, truth be known, it's environmentally positive if objectively views. That's right, that's what I'm saying as that's the truth. An environmentalist, if they're realistic, ought to thank a rancher every time he sees one (and ought to be for nuclear power also, but that's another topic).

 
Laramie Range hayfield.

Agriculture is an economic constant in Wyoming. While there was some economic activity, even national economic activity, if we consider that courier du bois  and trappers were in fact part of an international industry, it's agriculture that really created the state and made it what it was, and is.

Agriculture made its appearance in a recognizable form in Wyoming as early as the 1840s when New Mexican laborers brought up to work on Adobe buildings at Ft. Laramie stayed on and started small vegetable farms on the "Mexican Hills" near there.  This gave them in an income in that the produce was available to sell both to soldiers at Ft. Laramie as well as to travelers on the Oregon Trail, who by that time no doubt were pretty darned ready for something green and fresh.  Unfortunately, while the area remains a farming area, as far as I know there aren't any farms in the area that are descendant from the original ones.

Cattle, of course, is what we think of in terms of Wyoming agriculture, although it was really farming that made its the first appearance and it certainly continues on in a big way.  Crop farming continues on in southeastern Wyoming which has a climate and soil much like Nebraska's, and hence is part of the giant corn and wheat belt that stretches all the way into the Mid West and which is a massive part of the economy in many such states.  It also exists in Fremont County as well, and in Big Horn and Washakie Counties.  Hay crop production exists in many places, as long as there's water to support it.

 
Porta-vet box of a large animal veterinarian.  A common ranch site in some times of the year.

Where there isn't sufficient water, which is most of the state we have cattle and sheep, although now days mostly cattle.  And Wyoming cattle live out on the range.  They're fed in the winter, but on the range.  Really, they're making use of the ground that in earlier eras buffalo made use of and in the same way, save for the fact that buffalo tended to crowd into Cottonwood groves in the winter and destroy them.

It's cattle and sheep that keep Wyoming wild.  This use of the land keeps the land open and natural. When that stops, you get houses and "ranchettes", something that environmentalist should keep in mind.  A strong cattle industry makes for a strong wild Wyoming.

Given this, and that it's so much a part of the background of the state, you'd think that this is an industry the state would seek to support in some ways.  But it doesn't.  Stockmen and other agriculturalist are largely on their own in all sorts of ways.  There is the leased ground, a very misunderstood public asset, but even this is under attack, unfortunately by agriculturalist as well as others.  At any rate, agriculture is an industry which, in spite of the slams against it, just keeps on keeping on by itself under its own steam, ignored by the state and by Wyoming communities.

It should and must be noted that employment in this industry has really changed over the years.  In the early days Wyoming ranches large and small employed a fair number of people directly.  That was due tot he nature of the operations, and even though a very significant amount of the labor on ranches remains the same now as it was in 1890, not nearly as many people are directly employed in the industry as once were.  There are a lot of reasons for this.

 

One reason is that barbed wire changed the nature of ranching and accelerated the change to smaller, in relative terms, family operations.  When that occurred large numbers of year around employees were not needed and to some extent those employees were members of the immediate family.  As this evolution took place family run operations relied on neighbors and friends for additional labor support during those times of the years which, at one time, caused large numbers of seasonal cowhands to be employed.

Another big factor was the 4x4 truck.  Up until World War Two ranches had to rely on cowhands stationed at the edges of their lands for winter feeding in many instances. The truck stopped that, and it reduced the need for labor as well.  Ranchers that once would employ several hands on remote areas of their ranches could now simply drive their with a 4x4 truck.  Such trucks were first available immediately after the war, and it was the war that really brought them on in strength and proved their utility.  So now many ranches, even large ones, employ no individual cowhands at all, although there are still quite a few that do.

 Army truck manufacture (Dodge). Army officers attending the school conducted by the Chrysler Corporation to assist our fighting forces in the job training men to operate the thousands of trucks required by today's streamlined division are given actual practice in driving the trucks in a testing field. Above is an Army officer putting one of these trucks through its paces in a heavy mud wallow which is just one of the many tests to which the driver and vehicle are subjected

The demise of the sheep industry also really played a large role in the number of direct employees.  There are still Sheepmen in Wyoming, but not like they once were. And this is because, in part, due to the fact that that sheep production was in fact one of the rare areas where there was government involvement, as up until the late 1980s the Federal Government supported the price of wool due to the Defense Wool program.  That program came in during the Korean War when the military had to purchase heavy woolen clothing in large quantities and found that there wasn't a sufficient supply of it. The wool program was therefore brought in but it carried on well after it probably should not have.  Even defending the program it has to be admitted that ending it in the late 1980s made sense, keeping in mind that we hadn't fought a cold weather war since 1954 (we would again in the 2000s) and the technology of winter clothing had changed a lot in that 30 year period.

 Sheep in Natrona County, Wyoming, 1940s.  This photo could have been taken at any point in the 20th Century up into the 1990s.

Also related to it, however, is that the United Kingdom joined the European Community which in turn caused the UK to dump the market policies that favored its former Dominions.  During the late Empire stage of the UK the UK had a policy of developing agricultural production in its Dominions but finishing the products in the UK. So Australian, New Zealand and Canadian wool all went to fine British wool mills for a finished product.  When the UK became part of the EC, however, that violated the EC's policies and the British stopped doing that, focusing on local markets instead.  Indeed, the EC has sort of a bizarre semi autarkic economic policy that heavily impacts agriculture in a negative way in some instances and which explains some odd things, such as a constant EU effort at serious beef production, which it really doesn't have an agricultural landmass to support properly.

When that occurred the Australians dumped their wool in the United States and an already ailing American wool industry was really hurt. So we see few sheep now, although they've come back a bit.

The sheep industry supported an infrastructure that was immediate and obvious, which brings us to the next part of this story.  While Wyoming has lost direct employment in agriculture, it's really lost the infrastructure over the years in a major way.

Early on, there was no infrastructure and everything produced here was shipped out for processing in some fashion.  We've almost completely returned to that.  Turning first to wool, when the sheep industry massively contracted all the supporting wool buyers and shearers, an immediate support industry, were hurt.  But its in other areas where the change has been more dramatic in some ways.  Wyoming once had a very large number of stockyards. Every city had them, and they were mostly associated with railroads.  Those are almost all gone, and that's due to the fact that commercial trucking has completely taken over that role from the railroads, although as late as the 1990s the railroads were still attempting to get back into this for sheep.  Perhaps nothing can be done about that and it was inevitable.

Less inevitable, however has been the end of the local meat processing operations on a large scale. There are still some, but they're really small custom houses.  It was this industry that brought my father's family to Wyoming, as we owned a packing plant here in Casper. Today there is no packing plant in Casper, or anywhere in Wyoming for that matter, of that type.  The plant produced not only meat for sale to stores, but other products as well.  Now, you will not find that in Wyoming.  The cattle are all here, but they are shipped out of state for finishing and processing.

 Closed packing plant, Omaha Nebraska.

You'll also not find much in the way of dairy production, although the Starr Valley in western Wyoming hands on in this area, producing cheese on a commercial basis. At one time most larger towns had a creamery that processed milk, and indeed my family had one for a time here in Casper. That meant that there were dairy cows nearby, which there were, and where you have dairy cows, you have to have a large quantity of high quality hay for them, which was also produced locally.

 

Now all of this is gone.  National consolidation of these things is the reason why.  The situation in the meat packing industry is legendary and is the source of steady complaints from both ranchers and consumers.  Indeed, ti's slowly spawned a direct buy movement, which is now pretty common, where families will purchase a cow, i.e., a "beef", for a half beef, for slaughter.

Having said all of this, the direct economic impact of agriculture remains quite large in Wyoming, it's just not very well noted by anyone. Independent truckers, local feeds stores, professional services, and even local manufacturing all rely on it pretty heavily.  Seemingly nobody notices.  Indeed, in some instances, local governments can be a bit hostile to agriculture when some sorts of support facilities are proposed.

Before I depart from this topic, I'm going to note one thing that seems self evident but for some reason is never treated that way.  Silviculture, the raising of trees for harvest, is agriculture. That makes logging part of agriculture.  Indeed in Wyoming, all logging, to the extent any remains, and it isn't much, takes place on land that cattle are normally on.  Logging is an industry that's really been hurt in the US over the last thirty years and this may actually be one area where environmental concerns have hurt agriculture, although ironically here too its something that environmentalist should reconsider.  Growing trees are carbon sinks.  Full grown trees much less so.
 
 Cattle sharing ground with camping fisherman.

And, in the same thread:

So where do we go?

So then, what to make of this?

Well, usually when we go through a crash, we start to talk about diversification.  We also usually start to take about cutting back government spending.  And we're going to have to talk about a new government revenue sources, or having a state government that matches the money we take in.  It's probably time for all of that.
Maybe its' time to talk about building upon what we have, and actually realizing what that is.  And, as we can see from the above, in terms of private industry, that's agriculture, tourism and mineral extraction.  And, like it philosophically or not, we have a lot of government employment in this state and government entities that are pretty darned involved in some sectors of the economy, particularly oil and gas, already.

So, what do we have to build with?  Let's start with mineral extraction.

Mineral extraction?  Perhaps you're thinking "why I thought you were arguing against relying on that?"  No, I'm really not. I'm arguing that we have to be smart and realistic about that.

The boom and bust nature of much of the mineral industry is a feature of it that is pretty fixed, long established by history, and that's all largely beyond our control.  We have to accept that.  But these industries aren't going completely away.  Even coal, which is in real trouble, isn't going completely away and indeed even right now there's an effort by one coal company to start a mine near Sheridan.

The thing we can do, therefore, is to be smart in our planning on these industries.  And that would have to accept that they're going to have rocky periods.

We may also want to be very careful, and we very rarely are, about thinking that when times are good that they're going to go on forever.  There are those who will act that way and they nearly take any suggestion to the contrary as a hostile comment.  Planning for the crash ought to go on during the boom, rather than waiting until it occurs, and that's just smart.

It's also smart to recognize long term trends, none of which are hugely favorable towards the fossil fuel industry.  Recognizing that isn't being hostile, once again, it's just recognizing it.

And perhaps we also ought to at least ponder that, like the oil exporting nations of the Middle East, we really don't do much with the raw product anymore.  We did at one time with petroleum oil, in that we did refine it here, but we no longer do that.  Natural gas, because of its nature, is "refined", or rather processed here, and that will go on.  We ought to consider all of that, however.  We never processed the iron we mined, for example, even though we had all the things necessary to do it (except, perhaps, the large scale shipping necessary for that).

Now, at this point in time, I may have to admit that the ship has sailed on all of these things.  Down to a handful of refineries, I don't see that industry coming back.  There's a reason that super sized refineries are all located on the Gulf Coast.  But if we're not going to process our raw products here, maybe taxing slightly what we export would be a good idea.  Nothing radical, but to add a little bit of a tax in addition to the existing ones for what is departing would not impact the price and might help us out quite a bit in lean times, particularly based upon how the funds were earmarked.  And who knows, maybe that would encourage a little processing here as well.

All of which might do nothing at all, I'll concede.

Okay then, what about agriculture the one we ignore?

Well, here's something I think we can do a fair amount about.

Agriculture in the state has weathered all the storms. Everything we've ever raised or grown here we still do, we just don't do it in the same proportions as some prior eras, but that's not surprising. What we don't do is to process hardly anything here.  We don't pack any of the meat on a large scale.  We don't process any wool into woolens.  We don't mill any flour.  We don't do any of that.

Indeed, the only processing we do, and its a return to something we hadn't done in a long time, is to brew beer and bottle it and (and this is new) to distill grain and bottle that.

Maybe it's time to sit back and have one of those beers and ponder that.

There's a lot we can do here, but in some ways we have to be a bit bold and buck some trends.  There's a large multi-state industry devoted to processing remotely here, and to suggest we ought to do it locally means having to deal with that.

But it can be dealt with.

Let's start with the toughest aspect of that, the beef cattle industry.

At one time, Wyoming had at least one packing plant, indeed right here in Casper.  There was another just outside of the state in Scottsbluff, right over the border, and yet another in Denver.  There were probably others, including perhaps some in the state, but now there are none and all of those which I have mentioned are gone, although one remains in Greeley Colorado.

 February 1922 Casper Packing Company advertisement.

Now, they are gone because the meat packing industry has become amazingly consolidated and the profit margins in packing are, or at least were, low. But if the packing industry could be revived, it would be a natural for Wyoming.  We have everything it requires, at least in certain localities, that being cattle, agriculture for hay and feed corn, sufficient water, good roads and land.

The situation is similar when we consider sheep.  While the sheep industry has really taken a hit, it's slowly somewhat revived over the years and we do have sheep.  Sheep, as an agricultural animal, are interesting in that their primary crop is really wool, with meat being a secondary one.  The meat aspect of this is already addressed by the comments on beef above, but the wool part isn't.

Wool itself used to contribute quite a bit to the Wyoming economy in that there were wool buyers, sorters, and shearers, all in addition to the sheep ranchers, who employed themselves and their herders.  What we never had, however, was a woolen mill, to process raw wool into anything.  We could, but we don't.

This is also true of the milling industry; i.e., flour milling.


Wyoming grows a fair amount of grain, and grows it all over, even though we often do not seem to realize it.  Major agricultural areas can be found in southeastern Wyoming, west central Wyoming, northeastern Wyoming and northern Wyoming.  We grow a fair amount of wheat and corn and if milling facilities were here, we could go the next step.  We don't, however.

We've done better with sugar. We do have some sugar facilities serving, in particular, the Big Horn Basin. Those, it should be noted, are owned by co-ops that formed to operate them with the sugar companies pulled out of that area.  Elsewhere we haven't done as well with that.

Probably the one area that we've done well at recently that might point the way forward a bit is in the category of alcohol.  


I addressed the introduction of a local bourbon some time ago, indeed quite some time ago, on a thread that was once one of the most popular here on this page, that being The Rebirth Of Rye Whiskey And Nostalgia For 'The Good Stuff' & Beer and Prohibition.  That thread also addressed, a bit, the history of local beers.  On the whiskey, I noted; 


This trend has really continued since then, and there's apparently some sort of distillery in Teton County now as well, and there is one that is distilling a couple of different types of hard alcohol here in Natrona County.  I can't opine on the Teton County one at all, and I'm only aware of it as the state government recently turned down the request of an Idaho distiller for a grant to help relocate its headquarters over into the county, as another distiller opposed it.  For that matter, my experience with the local Natrona County distiller is limited to having had a single shot of its vodka, given to me by a friend as proof that not all vodka is bad.  While my position on vodka remains that the difference between the best vodka and the worst is the price, I have to say that I was impressed because . . . well, it didn't taste like vodka.

It's not only hard alcohol that's making inroads into Wyoming and processing the state's agricultural produce. Beer has made an amazing return in these regards.


Snake River Brewery in Jackson Wyoming.

I've commented on this before, but here too the trend has really developed.  And to an amazing extent.  There are now breweries in quite a few Wyoming towns putting out a really high quality product.  This industry has gone from one which, a few years ago, would have required a person to hunt for a Wyoming beer (and a few years before that there were none) to one in which a person could easily buy beer on any occasional and always find a high quality Wyoming beer of any type.  It's really amazing.  

Indeed, Wyoming beer is even canned now.  That may not seem so amazing, but a brewery has to put out quite a bit of beer before they begin canning it.  But that's now going on.  Indeed, beer is the Distributist Economic champion of Wyoming.

This revival, it should be noted, represents a return of an industry that once was all over and very local.  Casper, which recently saw local beer return at The Wonder Bar, an bar that dates back forever in Casper's history, once had a regional brewer in the form of Hillcrest Brewery.  

Bottles from Hillcrest Lager Beer, a beer that was once brewed locally but is no more. Casper doesn't bottle any beer anymore, but it does brew it once again.

There are even a couple of wineries in Wyoming. I don't know anything about them, other than that they exist, but this is additional evidence that at least in terms of processing a local agricultural product into a finished one, alcohol leads the way.

Okay, its one thing to point all of these things out, but what of it.  We don't have packing plants, mills, etc.  What, a person might ask, do you propose?

Well, I'd propose something that Wyomingites hate, state assistance for private enterprise, or even direct involvement in it.

Now, before people have their hackles up too much, let me point out that we only oppose this to a limited degree.  We're actually okay, based on our track records, of supporting start ups with grants.  We're also okay with investing in doubtful technologies, if they relate to the mineral industry.  Witness there all the money the state is sinking into Clean Coal Technology.  I'm not opposed to that by any means, but we must admit that the chances of it ever paying off are remote.

So, before we get too much further, let us consider North Dakota Mill and Elevator.

Eh?

Postcard of the North Dakota State Mill, 1915.

While nearly a neighboring state (it doesn't border us, but you can sprint across the corner of South Dakota and be there in no time at all), North Dakota, which we will return to when we discuss education, has a really different cultural history compared to Wyoming.  With a heavily Scandinavian immigrant population from early in the 20th Century, North Dakota had and still has a political culture that, quite frankly, was occasionally sympathetic to socialism.

Now, let me be frank, I'm not terribly sympathetic with socialism, but we can take a page out of an example of something that works, if it works.  And here's something that has worked for North Dakota.

It's a state owned operation, formed to address problems that farmers were experiencing, but it doesn't receive a subsidy from the state and its self supporting.  

This is the same model used by the other Dakota, South Dakota, for South Dakota Cement, an operation so successful that it has expanded even recently and markets its product in every state bordering South Dakota.  It even had a plant, at one time, here in Casper.

Now, I'm not suggesting that we need state run or owned industries everywhere.  But perhaps we can take an example where there isn't a private industry.  Critics would say, and they should be listened to, that if a private industry isn't operating it's for a good reason. But, we also have to admit that there are a fair number of industries that get their start from some sort of government support.  Indeed, the entire transcontinental railroad was such an example, getting state support in the form of massive land grants, which is essentially the same as a massive infusion of capital.  There's no reason to pretend otherwise.

So, where we don't have a local industry, perhaps we should consider if the state should help. The state's already helping the coal and petroleum industries via various studies at the University of Wyoming, including clean coal.  The very day I wrote this part of this entry, Governor Mead was appearing on the front page of the Tribune at a state funded facility studying clean coal.  And let's not forget the pile of administrative entities that help business one way or another, from the Farmers Home Administration to the Small Business Administration.

So, suing the North and South Dakota models, could the state infest in the infrastructure for milling, packing and wool processing?  Perhaps it could. And, after an initial start up, perhaps it could require those industries to run on a self-sufficient basis.

We could make a shift of this type, but as noted, it's going to take some outside the box thinking.  One thing it would also take is some inside the state, state investment.   And we have to do that now, like Frank Pantangeli has it in The Godfather Part II, "while we have the muscle".

What that would mean is that we actually do some thing that we claim we've been going to do forever, and diversify the economy, but in a way that we can actually do it, rather than on some wild hypothetical.

And we do have the cash, i.e., the economic muscle, right now.

Part of the evidence of that is that the state has been wasting money on long shot lawsuits to try to bend Montana and Washington to our will in order to ship coal to a coal shipping port yet to be built and which never will be.  That appears likely to come to an end here soon, as even Trump Administration didn't support Wyoming in the case pending in front of the Supreme Court (the Biden Administration may very well oppose Wyoming at that level, if it can).  And that's not the only place Wyoming is applying case even in an era in which we are stripping money from everything we can.  Wyoming gets the concept of strategic spending, but it's not strategically spending for a new economy, but in attempts to preserve the old one which has such an uncertain future.  Packing plants to process the state's livestock, grain mills to process the state's grains, wool mills to process wool, and other modern agricultural sector investments should be made right now.

People will look at this and thing "oh no, that's old fashioned", but the truth is that agriculture is the economic base of some states that do at least as well as we do.  And we have to build with what we have and, more importantly perhaps, what people want.  Right now the signs are there that people aren't going to be wanting petroleum the way they once did, and they don't want coal anymore at all.

Nuclear power would offer another opportunity to Wyoming as well, if only we could overcome the bizarre negative mindset about it, which we've also addressed  here before.

The POWER Interview: Technology Can Solve Problem of Nuclear Waste

The POWER Interview: Technology Can Solve Problem of Nuclear Waste: Debate continues about nuclear power's role in electricity production, particularly as it revolves around climate change. As a zero-emissions source of

Interesting article on this topic.

Nuclear power should be something that Greens, particularly radical Greens, should be screaming for night and day.  Indeed, any really scientific thought on energy that was designed to address safe, sustainable, and clean energy, would be based on nuclear power.  Opposition to it is so unscientific as to make Godzilla movies look like actual paleontology.  

Suggesting the state build a nuclear power plant is really going big, so to speak, but perhaps we really need to ponder the state getting into that somehow.  I can't see the state building one, although just a few months ago we were read to invest in the checkerboard lands to an extent that would have exceeded building a nuclear power plant.  Perhaps we should ponder it.  We should at least ponder backing one, and backing one or more in locations where others have just shut down.

And yes, I can hear the cries "Socialist!"

Now, granted, this is a species of socialism, albeit of an odd type that differs from the classic economy destroying the government owns everything variety.  The concept would only be, on sort of  Distributist basis, to form those entities aiding major Wyoming industries where we aren't able to finish the product ourselves on an reasonably economic level.  We can't, for example, create refineries and have them compete.  Nor power plants. But packing plants are another matter, and mills are a demonstrated different matter.  This wouldn't bring in an economic miracle by any means, but it would allow us to further make use of the resources that we do have, right here. And there would be a market for the product, including a small market right here, in that the state is already in the lunch business for kids up to age 19.  Moreover, tags like "Wyoming beef" do have a local price and maybe even a regional one that could be useful for a product grown and finished here, and that is already the case.

M'eh

We're going to have to do something, and do something with what we've got the resources to do that something on.  Doing nothing is never an option unless failure is.  

So what about Alaska?

Well, it seems its challenge is similar, but with different resources. The way out seems about the same.

Assuming it is a way out. But it seems to me it is.  Working in a flour mill or packing plant no doubt wouldn't be as lucrative as working on a rig, but its work.  Right now, with four rigs, it isn't as if there's that much work in that sector.  And a successful economy builds on itself.

So, we could do something about where we are heading, which is to focus on what we have, and where the future seems headed.  But will we?

I sort of doubt it.  

In today's Tribune there's an interesting op ed by Mike Leman, the Catholic legislative liaison in Wyoming, which had this interesting quote.

For decades, many who follow the legislature have quipped that Wyoming is the most conservative socialist state in the country. How so? Because we Wyomingites have never been averse to true benefits that come from government programs, but we have preferred to let the oil and coal industries pay for them, rather than reaching deeper into our own pockets. Due to declining revenue from mineral severance tax, local government agencies have been cutting services and putting in place hiring freezes for years. Last November, Governor Gordon announced an additional $500 million in cuts, which include layoffs.

The quote is amusing in that there's more than an element of truth to it.  Proud of our independence and conservative values, we sometimes fail to appreciate that we've had it good, except when we had it bad, because of the extractive industries upon which we've nearly solely relied for everything.  Even those who don't work for those industries do in some fashion, one way or another, as everything is dependent upon them.  We're getting a clear warning that we're going to now have to look elsewhere, and even if Leman doesn't really have the definition of subsidiarity really right, in my view, the principal is there and now its applicable to us in spades.

But that will require an overhaul of our thinking.  And that would require us to face grim reality that things are pretty rapidly changing.  There's no sign whatsoever that coal will "come back" and blaming that on the government or pinning hopes on a lawsuit pending at the Supreme Court level is hoping against hope.  The energy economy is rapidly evolving and with it transportation technology is rapidly evolving as well.  

We have, however, other resources upon which we rely.  We could build on those.

My prediction is, however, we won't.  Instead, we're going to hear, in this bizarrely polarized era, how the Federal Government must give the Federal lands the state forever eschewed when it became a state, to the state, based on strained theories. And we're going to hear railing against the Biden Administration, which is going to be blamed for everything.  The GOP will either unite in the state on those points or rip itself apart as some harbor the fantasy that there was some way that Trump could have received another term, if "only if", in spite of the rejection by over half the electorate, a half that has no sympathy whatsoever with Wyoming's economic woes.  We won't be building packing plants when we could, or flour mills.  And we'll continue to tolerate a situation in which agricultural land is needlessly busted up into patches that don't raise a single cow, and the passing of large ranches to out of state owners who hold them as playgrounds.

At some point, we'll ask the satirical question, "is this why we can't have nice things?", when in fact we have them, if only we had the vision to see that we do.

*Which is a reason, I'd note, that people who claim to speak for "Wyoming values" ought to be given a second glance, as often they don't have all that stout of connection with the state.

Related threads:

There are a lot of threads on the economy of Wyoming on this blog.  Here's a few, however, that are closely related to what we posted on here.

The Wyoming Economy. Looking at it in a different way.


Issues In the Wyoming Election. A Series. Issue No. 1. The Economy



Looking at the nature of Wyoming's economy again


Lex Anteinternet: A conversation with an old friend. The Good Death, and the Good Life and Existential Occupations.

Lex Anteinternet: A conversation with an old friend. The Good Death... :  A conversation with an old friend. The Good Death, and the Good L...