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Trump’s red-dyed diesel Executive Order ‘does not supersede’ Wyoming state law

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Trump’s red-dyed diesel Executive Order ‘does not supersede’ Wyoming state law
Wyoming appears to be hand-strung over an executive order on red-dyed diesel issued by President Donald Trump on Oct. 5. (AP Photo)

Wyoming appears to be hand-strung over an executive order on red-dyed diesel issued by President Donald Trump on Oct. 5.

The Wyoming Department of Transportation (WYDOT) offered some clarification last week.

The Oct. 5 Presidential Executive Order focuses on federal tax collection for red-dyed diesel fuel, WYDOT stated.

The order does not supersede Wyoming statute 39-17-208, which prohibits driving with dyed diesel on public roadways.

“Because taxes on diesel fuel are set by the legislature in Wyoming statute, the Governor, nor WYDOT cannot unilaterally waive penalties on dyed diesel used for non-tax-exempt purposes,” WYDOT’s news release stated. “However, Wyoming law enforcement (Wyoming Highway Patrol) recognizes that some of our surrounding state Governors have the ability to waive inspections for dyed diesel, creating inconsistent standards between states. Our law enforcement is aware of these circumstances.”

Additional guidance from relevant Federal government agencies is expected. State relief in addition to President Trump’s Oct. 5 Exective Order would require changes by the incoming legislature.

Diesel fuel prices have spiked in the aftermath of the Iran war, rattling voters and putting pressure on Republicans, according to Associated Press reporting at the time of the issuance of Trump’s order. Diesel fuel that is intended for off-road uses such as agriculture is exempt from federal and state excise taxes, and it is dyed for law enforcement purposes, the White House explained in a fact sheet. Temporarily removing the limits would reduce cost pressures on the businesses that rely on diesel.

Bruce Guthrie

Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.

Avatar for Bruce Guthrie
Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.
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