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MEMO Why Montanans Oppose Acting BLM Director William Perry
MEMO TO: Montana Reporters and MCV Members FROM: Whitney Tawney Deputy Director, Montana Conservation Voters July 27, 2020 Why Montanans Oppose Acting BLM Director William Perry Pendley Unconfirmed Director Has a Long History Fighting Against Public Lands BACKGROUND On June 30, President Donald Trump formally nominated William Perry Pendley to be Director of the Bureau of Land Management. Pendley has served as the agency’s acting director, without Senate confirmation as required by the Constitution, since July of 2019. Pendley’s controversial nomination comes on the heels of MCV’s letter asking Montana’s congressional delegation for an up or down confirmation vote on his position at the BLM. Only Senator Jon Tester responded in agreement, while Senator Steve Daines has called concerns about Pendley “overblown” and said he’s “not found a reason to be against him.” On July 20, Montana Governor Steve Bullock filed a lawsuit against Pendley and the BLM for continuing to serve as acting director without a Senate confirmation as the U.S. Constitution requires. “Pendley lacks legal authority to direct the Bureau of Land Management and because Pendley’s conduct as acting director harms the State and the people of Montana,” Bullock’s complaint adds. MCV and its members, along with many others who champion public lands in Montana, have plenty of reasons to oppose William Perry Pendley. During the July 24 episode of MCV’s new podcast, MCVcast, guest Tracy Stone-Manning (former Director of the Montana Department of Environmental Quality) said: “Mr. Pendley doesn’t believe in public lands; he believes they should not exist….He’s completely unfit for the job….We need somebody in that position who believes deeply in the mission of the agency, and who understands the remarkably beautiful, unique, shared asset that we all have called public lands.” The BLM oversees more than a quarter billion acres of federal public land across the U.S., including nearly 8 million BLM surface acres in Montana. -
SAFEGUARDING AGAINST DISTORTIONS of SCIENTIFIC RESEARCH in FEDERAL POLICYMAKING by Melissa L
Copyright © 2021 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. COMMENTS SAFEGUARDING AGAINST DISTORTIONS OF SCIENTIFIC RESEARCH IN FEDERAL POLICYMAKING by Melissa L . Kelly, Genna Reed, Gretchen T . Goldman, and Jacob M . Carter Melissa L. Kelly is Staff Director and Attorney at the University of California, Irvine School of Law’s Center for Land, Environment, and Natural Resources (CLEANR). Genna Reed is Senior Analyst in the Center for Science and Democracy at the Union of Concerned Scientists (UCS). Gretchen T. Goldman is Research Director of the Center for Science and Democracy at UCS. Jacob M. Carter is a Research Scientist in the Center for Science and Democracy at UCS. he appropriate use of science in policymaking and regulated industries have served as fertile ground for depends upon integrity in scientific research and in the Donald Trump Administration’s unprecedented efforts the ways in which that research is communicated to sideline scientists, defund and disregard research, and Tand applied throughout the policymaking process. Exist- dismantle the institutional means by which science can ing rules and norms concerning conflicts of interest among inform government policy.1 Long-held rules and norms agency leaders, advisors, federal employees, and lawmakers regarding the barriers that should exist between decision- demonstrate an understanding that sound policy decisions makers and industries affected by policy outcomes are require the independence of scientists and the impartial- eroding, pointing toward a need to strengthen how con- ity of regulators. Conflicts of interest introduce the poten- flicts of interest are handled in the federal government. -
August 2020 Your Browser
Coalition Briefs View this email in August 2020 your browser Great American Outdoors Act In This Brief GAO Passage The Great American Outdoors Act was signed into law! This landmark piece of legislation Webinar will help to address the crippling Parks as Campaign maintenance backlog in our national parks Stops and fully and permanently fund the Land and Water Conservation Fund. The VP and Parks While we celebrate this success, we are NPS Leadership keeping an eye to the future. Coalition Chair Change Phil Francis spoke with National Parks Traveler about what's next in terms of CORE Act projects and funding and also chatted with The Hill about his hopes for "transparency Oil and Gas Lease and fairness in how the funds are Sales administered." Alaska Regs Pendley Catch Up on Our Webinar Bike Trail Concerns Our inaugural webinar in our new Take Action What We're series is online and available for viewing! Reading and This webinar focused on oil and gas lease Tracking sales and featured participants from both the Coalition and NPCA. Click on the link in the Support the box below. Coalition with Amazon Smile Take Action: Oil and Gas Lease Sales Membership Update Website Links Parks as Campaign Backdrops Donate Today The Coalition has been incredibly busy this month responding to questions and issuing statements involving the use of our national parks as campaign stops. We sent a letter in response to reports that President Trump was considering Gettysburg Website National Military Park as the setting for his speech to accept the Republican -
Secretary's Order 3345
THE SECRETARY OF THE INTERIOR WASHINGTON Subject: Temporary Redelegation of Authority for Certain Vacant Non-Career Senate-Confirmed Positions Sec. 1 Purpose. The purpose of this Order is to temporarily redelegate authority for the following vacant non-career Presidentially appointed and Senate-confirmed positions for which there is no Principal Deputy that would automatically become acting by operation of law: a. Deputy Secretary b. Solicitor c. Director, Bureau of Land Management d. Special Trustee for American Indians e. Director, National Park Service f. Director, Office of Surface Mining Reclamation and Enforcement g. Director, U.S. Fish and Wildlife Service This Order is intended to ensure uninterrupted management and execution of the duties of these vacant non-career positions during the Presidential transition pending Senate-confirmation of new non-career officials. In conjunction with the officials who will be acting under the Vacancies Reform Act, this Order will provide necessary decision making authority to Presidentially appointed and Senate-confirmed positions across the Department of the Interior. The delegations made by this Order will only be in effect until each vacant non-career position is filled by Senate-confirmed appointees, upon the subsequent designation of acting officials, or a subsequent delegation to alternate officials. Sec. 2 Authority. This Order is issued under the authority of Section 2 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262), as amended, and in compliance with the Vacancies Reform Act. Sec. 3 Delegation. All functions, duties, and responsibilities of the following positions are hereby delegated to the specified employees: a. Deputy Secretary to Kate MacGregor, Deputy Chief of Staff b. -
William Perry Pendley Is Unfit to Lead the Bureau of Land Management
William Perry Pendley Is Unfit To Lead The Bureau Of Land Management William Perry Pendley Has A Long History Of Racism William Perry Pendley Worked With Noted Racist Kris Kobach To Defend Illegal Anti-Immigrant Ordinances In Hazleton, PA. In 2006, The Town Of Hazelton, PA Passed Draconian Ordinances Targeting Immigrant Communities And Was Sued By Civil Rights Lawyers. “Backed by 24 lawyers from three civil rights organizations and five private law firms, 11 individuals and three businesses and charitable organizations filed a lawsuit against the city last week in federal court in Scranton, seeking to have the ordinance declared unconstitutional. The ordinance, passed in July, makes English the official language in the city, fines landlords $1,000 a day for knowingly renting to illegal aliens, and revokes business licenses of merchants who knowingly employ them.” [Wilkes Barre Times- Leader, 08/21/06] William Perry Pendley Joined Anti-Immigrant Attorney Kris Kobach In Defending Hazleton’s Law. “The city has hired the U.S. Attorney General's former chief immigration law adviser to defend the city's Illegal Immigration Relief Act ordinance in court. Mayor Louis Barletta said on Sunday that he has also accepted offers of pro bono legal assistance on the case from two nonprofit legal foundations Mountain States Legal Foundation and the Federation for American Immigration Reform. [...] Barletta said he sought help from Kris W. Kobach, an immigration attorney and professor of law at the University of Missouri-Kansas City School of Law, and Kobach agreed to take the case.” [Wilkes Barre Times-Leader, 08/21/06] • Kris Kobach Is A Noted Racist Who Is Affiliated With Groups Identified By The Southern Poverty Law Center As Hate Groups. -
A Full Plate of Public Lands Issues—And Trump Rollbacks—For Deb
https://insideclimatenews.org/news/22022021/whats-on-interiors-to-do-list-a-full-plate-of- public-lands-issues-and-trump-rollbacks-for-deb-haaland/ What’s On Interior’s To-Do List? A Full Plate of Public Lands Issues—and Trump Rollbacks—for Deb Haaland The Interior nominee would be the first Native American cabinet secretary if she wins Senate confirmation following hearings that begin Tuesday. By Judy Fahys February 22, 2021 U.S. Rep. Deb Haaland (D-NM), President-elect Joe Biden's choice for Interior Secretary, at the U.S. Capitol in January 2019. Credit: Chip Somodevilla/Getty Images • • Public lands are set to play a pivotal role in the Biden administration’s ambitious climate change agenda. The national parks, wildlife refuges and national recreation areas overseen by the U.S. Department of the Interior have been little-appreciated as climate solutions, even though they’re crucial sinks for greenhouse gas emissions. But Interior lands are also part of the nation’s climate problem, since they hold vast reserves of fossil fuels that, when extracted and burned, generate climate pollution. President Joe Biden began dismantling some pro-drilling policies within hours of being sworn in, but applying a climate-action mindset to day-to-day decisions, not only at Interior but throughout the federal government, will take much longer and could prove much harder. With public lands accounting for nearly one-quarter of the nation’s climate pollution, the new administration’s success—and the durability of its agenda—depends partly on clearing away obstacles from the Trump era. -
Wild Horse and Burro Advisory Board October 2020 Meeting Minutes Draft
20 F St NW Conference Center Washington, DC 20001 October 30-31, 2019 Volume 1 Day 1 Meeting Minutes NATIONAL WILD HORSE & BURRO U. S. Department of the Interior Bureau of Land Management ADVISORY BOARD Contents WEDNESDAY, OCTOBER 30, 2019 ................................................................................................................. 2 WELCOME .............................................................................................................................................................................................. 2 RULES OF THE ROOM .............................................................................................................................................................................. 2 INTRODUCTIONS ..................................................................................................................................................................................... 3 OPENING REMARKS ................................................................................................................................................................................ 3 BLM DIRECTOR REMARKS .................................................................................................................................................................... 3 WELCOME TO BLM EASTERN STATES ................................................................................................................................................... 4 EASTERN STATES WILD HORSE AND BURRO PROGRAM OVERVIEW -
A Community Divided
An archaeology whistleblower speaks out When conservation is a trigger word A COMMUNITY Living on the edge of a tsunami DIVIDED Vol. 52 / December 2020 How a fierce debate over morality and money No. 12 • hcn.org played out in one Wyoming town. EXECUTIVE DIRECTOR/PUBLISHER Greg Hanscom INTERIM EDITOR-IN-CHIEF Katherine Lanpher ART DIRECTOR Cindy Wehling FEATURES DIRECTOR McKenna Stayner MANAGING DIGITAL EDITOR Gretchen King ASSOCIATE EDITORS Emily Benson, Paige Blankenbuehler, Graham Lee Brewer, Maya L. Kapoor PHOTO EDITOR Roberto (Bear) Guerra ASSOCIATE PHOTO EDITOR Luna Anna Archey ASSISTANT EDITORS Jessica Kutz, Carl Segerstrom, Anna V. Smith EDITOR AT LARGE Betsy Marston COPY EDITOR Diane Sylvain CONTRIBUTING EDITORS Nick Bowlin, Elena Saavedra Buckley, Kalen Goodluck, Ruxandra Guidi, Jane C. Hu, Nijhel Motley and his horse, Little Bits, part of a Phoenix riding group called “As the Crows Fly,” which is training for the Michelle Nijhuis, Jonathan Thompson annual Arizona Black Rodeo. Roberto (Bear) Guerra / HCN CORRESPONDENTS Leah Sottile, Sarah Tory EDITORIAL INTERNS Jessica Douglas, Victoria Petersen, Eric Siegel DIRECTOR OF PHILANTHROPY Alyssa Pinkerton SENIOR DEVELOPMENT OFFICER Paul Larmer DEVELOPMENT ASSOCIATES Hannah Stevens, Carol Newman DIRECTOR OF PRODUCT & MARKETING Gary Love EVENTS & BUSINESS PARTNER COORDINATOR Laura Dixon IT MANAGER Alan Wells DIRECTOR OF OPERATIONS Erica Howard ACCOUNTS ASSISTANT Mary Zachman Know CUSTOMER SERVICE MANAGER Kathy Martinez CUSTOMER SERVICE Karen Howe, Shannon Kinne, Mark Nydell, Pamela Peters, Tammy York the GRANT WRITER Janet Reasoner FOUNDER Tom Bell BOARD OF DIRECTORS Brian Beitner (Colo.), John Belkin (Colo.), West. Seth Cothrun (Ariz.), Jay Dean (Calif.), Bob Fulkerson (Nev.), Wayne Hare (Colo.), High Country News is an independent, reader-supported nonprofit 501(c)(3) media organization that covers the important Laura Helmuth (Md.), Samaria Jaffe (Calif.), issues and stories that define the Western U.S. -
David Vela, Superintendent Grand Teton National Park John D
David Vela, Superintendent Grand Teton National Park John D. Rockefeller, Jr. Memorial Parkway Re: Telecommunications Infrastructure Plan EA Dear Mr. Vela & National Park Staff, Environmental Health Trust (EHT) is a nonprofit Think Tank and policy organization dedicated to identifying and reducing environmental health hazards. EHT provides independent scientific research and advice on controllable environmental hazards to local, state and national governments. Today, we write to advise you of scientific grounds for major health and environmental concerns about the proposal for the installation of wireless telecommunications facilities and associated infrastructure at nine developed areas in the park and to express our grave concerns about this planned expansion of mobile communications in Grand Teton National Park. You may recall your discussions last year with me about the need to limit exposures to wildlife and fauna from wireless radiation that took place when we met as part of the City Kids final ascent of the Grand. We fully recognize there is a need for communication for emergency purposes. We further recognize that the Park plays a unique role in our country and in our lives by providing a wilderness that is apart from the normal hectic life that many Americans lead today. We are deeply concerned that by expanding wireless communications this proposal will irrevocably impair the wilderness experience and that there are wired solutions that would be far less damaging. The transmissions to and from these proposed microwave wireless installations will be emissions that are an environmental pollutant known to cause cancer (in both experimental animals and humans) and other adverse health and environmental effects (e.g., on birds, bees, trees) according to internationally recognized authoritative research, including studies conducted by the U.S. -
Read the Fall 2020 Monitor!
THE PUBLIC LANDS Monitor P.O. Box 7226, Arlington, VA 22207 www.publicland.org For America’s Heritage 703-935-0916 [email protected] VOLUME XXXIII No. 3 FALL QUARTER 2020 2020 PLF ANNUAL MEETING – VIRTUAL SEPTEMBER 14-16, 2020 Editors Due to the COVID-19 pandemic, the Tuesday, September 15 Ray Brady Margaret Lliteras PLF 2020 Annual Meeting was held on General Meeting—Wildlife September 14 – 16 as a Virtual Meeting Migration Corridors and Board of Directors President Ed Shepard using ZOOM technology. The Board Sage-Grouse Vice Pres. Don Simpson of Directors met on September 14 and VP-DC Affairs Ray Brady 16, and a General session was held on • Presentation by Dwayne VP-Ops Beau McClure Secretary Ray Brady September 15 to provide an opportunity Spencer, Acting Wyoming Treasurer Dwight Hempel for BLM Wyoming to talk about wildlife BLM State Director Student Congress AnnaFaith Jorgensen migration corridors and sage-grouse Ex Officio NAFSR management. The ZOOM sessions • Presentation by Kimberlee James Caswell Past Pres. George Lea were limited to two-hour timeframes Foster, BLM Rock Springs Henri Bisson and a YouTube link was provided for Field Manager Ed Shepard Jesse Juen those who wanted to join the BLM Wyoming presentations on September • Presentation by Angi Bruce, Directors-at-Large Deputy Director, Wyoming Tom Allen 15. The meeting was productive, but Dean Bibles would not have been possible without Game & Fish Department Ray Brady Glen Collins the preplanning by Beau McClure, PLF Jim Currivan Vice President for Operations; and Bill • Presentation by Bob Budd, Mike Ferguson Director, Wyoming Wildlife Walt George LeBarron, PLF State Representative for Eric Janes & Natural Resource Trust John Kwiatkowski Wyoming; and the technical assistance Van Manning of George Stone and Mary Trautner. -
May the President Work Around Senate Confirmation?
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2020 The Permissibility of Acting Officials: yMa the President Work around Senate Confirmation? Nina A. Mendelson Available at: https://repository.law.umich.edu/articles/2246 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, and the President/Executive Department Commons 07. MENDELSON_FINAL_FORMATED (ARTICLE 1) (DO NOT DELETE) 11/30/2020 1:14 PM ARTICLES THE PERMISSIBILITY OF ACTING OFFICIALS: MAY THE PRESIDENT WORK AROUND SENATE CONFIRMATION? NINA A. MENDELSON* Recent presidential reliance on acting agency officials, including an acting Attorney General, acting Secretaries of Defense, and an acting Secretary of Homeland Security, as well as numerous below-Cabinet officials, has drawn significant criticism from scholars, the media, and members of Congress. They worry that the President may be pursuing illegitimate goals and seeking to bypass the critical Senate role under the Appointments Clause. But Congress has authorized—and Presidents have called upon—such individuals from the early years of the Republic to the present. Meanwhile, neither formalist approaches to the constitutional issue, which seem to permit no flexibility, nor current Supreme Court doctrine, which contributes few bounds on acting officials, satisfactorily answer how much latitude a president should have to work around Senate confirmation. * Joseph L. Sax Collegiate Professor of Law, University of Michigan Law School. This work is licensed under the Creative Commons Attribution-NonCommercial 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by- nc/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA. -
Does Trump Want to Dismantle BLM?
Does Trump want to dismantle BLM? https://www.eenews.net/greenwire/2019/07/30/stories/1060812289 Scott Streater, E&E News reporter Published: Tuesday, July 30, 2019 Critics wonder if recent Interior Department moves are part of an effort to dismantle the Bureau of Land Management. Worthpoint Current and former Bureau of Land Management officials and longtime observers say recent Trump administration moves raise serious questions about the future of the nation's largest landowner. The appointment of a conservative lawyer to lead the bureau, coupled with the earlier proposal to relocate BLM's headquarters out West, have led some to ask: Is the Trump administration trying to essentially tear down BLM? Steve Ellis, the bureau's former deputy director of operations who retired in 2016, said the answer to that question is yes. "At the end of the day, it is about dismantling BLM," Ellis said. "When you connect the dots, it's not hard to see that is the administration's goal. America's public land heritage is at risk." Ellis is not alone in that opinion after Interior Secretary David Bernhardt in the last two weeks has proposed moving the bureau's Washington, D.C.-based headquarters primarily to Grand Junction, Colo., and formally appointed William Perry Pendley as BLM acting director. William Perry Pendley. BLM The appointment of Pendley is particularly troublesome for some current and former officials. Pendley is an outspoken proponent of selling or transferring federal lands to individual states, and as a lawyer and former president of the Mountain States Legal Foundation, he and the foundation have represented various industries and local governments in litigation challenging Interior's ability to manage federal lands.