Big Horn County Commissioners Seek Delay in Tires Excavation

Big Horn County commissioners asked the Wyoming Department of Environmental Quality and the state Attorney General's Office to pause excavation work on a disputed Red Gulch property. The officials want an independent expert to assess potential damage before investigators dig test holes as deep as 40 feet. The request comes amid two civil lawsuits challenging the ownership and condition of nearly 40 acres in the county.

The land is owned by Pablo and Danae Good, who purchased it from Helen Saban in 2015 for $159,340. The couple says they buried used tires, concrete, and fill dirt to stabilize severely eroded soil. They claim Saban approved the method. Saban's daughter, Alice Klostermann, represents the estate and alleges the Goods illegally dumped waste. The Wyoming Attorney General's Office filed its own civil complaint against the couple in April 2025.

Commissioner Bruce Jolley stated the county fears the digging will cause permanent damage to downstream properties. Jolley noted that the area's red soil is fragile and that water carries the dirt into nearby creeks. He said, 'We understand land erosion and the power of water.' The commissioners want to ensure the investigation does not create a new environmental problem while resolving the existing one.

The Goods say they have already disclosed the materials buried on the site. Danae Good wrote in a September 2 letter that she would not pay to have someone destroy their work. She warned that downstream landowners could sue if the excavation triggers erosion. The couple maintains they fulfilled their contract by paying off the property balance in May 2025, though they have not yet received the deed.

The legal dispute has stalled in district court. A hearing was held in July 2026, but Judge Bobbi Overfield has not issued a ruling on a motion to stay proceedings. Attorney Letitia Abromats, who represents the Goods, called the delay unusual. She also noted that Scott Klostermann, Alice's husband and a magistrate judge in Cheyenne, communicated with the DEQ about the case.

The DEQ issued a notice of violation to David Daniels of Rimrock Tire Inc. in Cody for open dumping. The Goods did not receive such a notice. Pablo Good said the soil is now stabilized and productive. He described the area as delicate, noting that the ground turns red when heavy rains wash the soil into local waterways.

The county engineer inspected the site and agreed with the commissioners' concerns. The state agencies have not responded to requests for comment about the proposed delay. The excavation plan remains active unless the state grants the county's request for an independent assessment.