Green groups seek overturn of Colorado land plans after court decision ousting Pendley

Environmental groups are pivoting their case challenging oil and gas development on public lands in the wake of a federal court decision ousting the head of the Bureau of Land Management (BLM) and tossing the agency's work in Montana. The new claim from the Center for Biological Diversity and the Sierra Club along with other environmental groups is the first such argument to rely on a September court decision that found BLM head William Perry Pendley had "served unlawfully ... for 424 days." The suit asks the courts to invalidate oil and gas leases teed up across 1.7 million acres of public land in Colorado. The new brief “reflects a reality that is now established legal precedent: Pendley’s authority as bureau director is invalid and planning decisions approved on his watch are likewise invalid,” Melissa Hornbein, staff attorney with the Western Environmental Law Center, which is also involved in the suit, said in a release. “The [resource management plan] is blatant in its disregard of the law, and our new claim merely reflects the fact that its legal failings stem from Pendley’s unlawful leadership of the bureau," she added.  Green groups have identified a list of at least 30 land management plans or other actions on federal lands they will seek to overturn after the Pendley decision. In addition to arguing the Department of the Interior violated federal vacancy laws by using a series of temporary orders to keep Pendley in place, the court decision also invalidates three Montana land management plans made under his tenure. That includes one that would open 95 percent of 650,000 acres of BLM land to resource extraction such as mining and drilling. “This is the first step in scrubbing the stain of Pendley’s corrupt, unlawful legacy from our public lands,” Taylor McKinnon, a senior campaigner at the Center for Biological Diversity, said in a statement...MORE

Democrats seek to block appeal of court ruling ousting Pendley, BLM land plans

A new bill from Sen. Jon Tester (D-Mont.) and other lawmakers would bar the Trump administration from seeking to overturn the ruling ousting William Perry Pendley from his role as the de facto director of the Bureau of Land Management (BLM). The legislation comes as the Department of the Interior has expressed interest in appealing the decision from U.S. District Court Judge Brian Morris that determined Pendley had "served unlawfully ... for 424 days" and tossed major land management plans he oversaw in Montana. If the ruling stands, it could have major environmental consequences, giving groups a precedent for fighting other plans that open large swaths of public lands to fossil fuel development. “William Perry Pendley is not an appropriate choice to lead, work in, or advise any public land management agency due to his record prior to his employment at the Bureau of Land Management, and his continuing work there,” the bill states. Pendley, a controversial figure due in part to his history of opposing federal ownership of the lands he now manages, served at the department through a series of temporary orders, remaining in the job even after his nomination was withdrawn. He now serves in a deputy director role, but in recent interviews he has given conflicting responses to the court decision, saying both that he would respect the ruling and that it had "no impact, no impact whatsoever” on his role within the department...MORE

Montana asks court to throw out major public lands decisions after ousting BLM director

The state of Montana is asking the courts to throw out some major Bureau of Land Management (BLM) decisions after a federal judge ousted the agency’s acting director from his post. Interior argues, however, argued that former BLM acting head William Perry Pendley took “no relevant acts” to be thrown out by the court during his tenure. A Montana-based U.S. District Court judge ruled last month that Pendley "served unlawfully ... for 424 days," giving the Department of the Interior 10 days to justify why it shouldn’t throw out many of the decisions Pendley has made during his tenure. In a filing late Monday, Montana argued the court should toss some of the biggest land management plans Pendley has overseen, which open up hundreds of thousands of acres to oil and gas drilling. Montana argues other states could make similar claims, opening the door to undoing plans in other states. “Although the plaintiffs limit their present request to the Montana resource management plans and plan amendment for which there is unassailable evidence of Pendley’s unlawful involvement, the plaintiffs do not intend to suggest that other actions should not be similarly set aside where a proper party can identify and challenge them,” Montana wrote in its brief...MORE

Interior Secretary will lead BLM after judge ousts Pendley from public lands role

The Department of the Interior will not name a new acting director to lead the Bureau of Land Management (BLM) after it’s leader was ousted by a federal judge, top officials told employees in an email obtained by The Hill. Instead the job will be left to Interior Secretary David Bernhardt. A Wednesday email makes clear that Interior will not be placing the top career official in charge of the nation’s public lands agency, as its department manual dictates. “I understand there may be some questions about the ruling on Friday regarding William Perry Pendley’s leadership role at the Bureau of Land Management,” Principal Deputy Assistant Secretary Land and Minerals Management Casey Hammond wrote in an email to BLM staff. “Secretary Bernhardt leads the bureau and relies on the BLM’s management team to carry out the mission. Deputy Director for Programs and Policy, William Perry Pendley, will continue to serve in his leadership role.” Putting Bernhardt at the helm of the agency appears to comply with the court order from Morris. But critics say the move centralizes power for the agency in the highest political circles after relocating more than 200 Washington, D.C.,-based positions to Grand Junction, Colo., in order to bring employees closer to the lands they manage. Hammond’s email includes a statement from Interior solicitor Daniel Jorjani making clear that the department will appeal Morris's decision as Bernhardt shepherds the BLM. “The Department of the Interior believes this ruling is erroneous, fundamentally misinterprets the law and unreasonably attempts to up-end decades of practice spanning multiple presidential administrations from both parties. Nevertheless, the Department will comply with the Court’s Order, while we move forward with an appeal and review all other legal options,” Jorjani wrote. “The Bureau of Land Management has not had a Senate-confirmed Director of the Bureau of Land Management during this Administration, nor has it named an Acting Director. This is still the case in respect to this decision. Consistent with the law, Secretary Bernhardt will continue to lead the Department and all of its bureaus, including the Bureau of Land Management.”...MORE

Trump To Appeal Removal Of 'Polarizing' Public Lands Chief

The Trump administration says it will comply, for now, with a federal court ruling that blocks William Perry Pendley from continuing to serve as the temporary head of the Bureau of Land Management. In statements to NPR, the Trump administration said an appeal is planned but no timeline has been given. "The Department of the Interior believes this ruling is erroneous, fundamentally misinterprets the law and unreasonably attempts to up-end decades of practice spanning multiple presidential administrations from both parties," said DOI soliciter Dan Jorjani in a statement. Even though Pendley has been leading the agency since Aug. 2019, his official title has remained deputy director of policy and programs. Jordani said Pendley neither received Senate confirmation nor was he serving as an acting director and therefore his appointment was not in violation of the Federal Vacancies Reform Act, which bars acting agency officials from serving for more than 210 days. Nevertheless, the shuffling of temporary appointments and non-confirmed agency directors has been a hallmark of the Trump era. Democrats have likened it to a shell game where the president can keep close control over his appointees while skirting Senate oversight, as is required by the Constitution. For now, it appears Interior Secretary David Bernhardt is officially back overseeing the BLM's department-wide operations, though Pendley is still working at the agency while the administration reviews "all legal options."...MORE

Pendley court ruling could unravel Trump's public lands decisions

A federal judge's decision to boot a top Trump appointee could jeopardize years of actions the administration has taken on public lands, including an expansion of oil and gas drilling and the decision to uproot the Bureau of Land Management (BLM) headquarters. A Montana-based U.S. District Court judge on Friday ruled William Perry Pendley, the controversial acting director of BLM, "served unlawfully... for 424 days," giving the Department of the Interior 10 days to justify why it shouldn’t throw out many of the decisions Pendley has made during his tenure. Pendley, a polarizing figure due to his long history of opposing federal ownership of public lands, was given the de-facto top spot at BLM through a series of temporary appointments and later a change in succession orders that were successfully challenged by Montana Gov. Steve Bullock (D). Though the White House formally nominated him to the job this summer, it rescinded the nod last month when it became clear he would not likely receive Senate confirmation. Judge Brian Morris, an Obama-era appointee, found Pendley's tenure to be a violation of the constitution and the Federal Vacancies Reform Act, which limits the power of acting directors beyond the first 210 days in office. But Pendley’s predecessors were appointed in a similar fashion — the Trump administration has failed to secure a permanent director for the BLM since taking office — calling into question the validity of many of their decisions as well. “Depending on what happens next this could invalidate an entire administration’s work of actions at the Bureau of Land Management,” said Aaron Weiss, deputy director of the Center for Western Priorities, a public lands watchdog group. Morris enjoined Pendley from continuing to serve in his role, but now the court will examine the numerous decisions the bureau has made along the way. Pendley has led the department through a relocation that uprooted all but 61 of BLM’s Washington-based staffers and oversaw a number of management plans that would increase access for the oil and gas industry through their up to 20 year lifespan. “I think the judge is contemplating that 424 days — all of it. If [Pendley] wasn't properly appointed or placed in his position, I think the judge is inclined to want to know why any of the actions he took were valid,” said Carl Tobias, a law processor at Richmond University School of Law...MORE

Democrats push White House to oust head of public lands bureau

Democrats and environmentalists on Wednesday continued their push to oust William Perry Pendley from leading the Bureau of Land Management (BLM), urging the White House to remove him from his post after his nomination to lead the agency was withdrawn. The latest pushback from the Democrat-only panel comes as the Trump administration has struggled to justify keeping Pendley as the acting director of the BLM amid two lawsuits challenging his tenure and the derailment of his confirmation process. Pendley, a controversial figure both for his history of opposing federal ownership of land and comments about the Black Lives Matter movement, has been in his post for more than a year through a series of different orders from the Department of the Interior. ADVERTISEMENT “Withdrawing the nomination was absolutely the right move,” Collin O’Mara, head of the National Wildlife Federation, said of the August announcement from the White House. “There aren't that many nominees that have been so egregious they've had to be pulled back out of the United States Senate for fear of the political consequences of their appointment," he added. "But the White House doesn't get to simply leave him in charge of the Bureau of Land Management." Sens. Cory Gardner (R-Colo.) and Steve Daines (R-Mont.), whose electoral survival is key to Republicans holding the Senate, had faced rising pressure on whether they would support Pendley. While Democrats and outside groups were successful both in pushing for a formal nomination for Pendley and in sidelining his Senate confirmation, booting him from office may prove to be a tougher battle...MORE

Pendley's precedent

By KELSEY TAMBORRINO  08/28/2020 10:00 AM EDT

PENDLEY'S PRECEDENT: Despite the expected withdraw of William Perry Pendley's official nomination to run the Bureau of Land Management, he's staying atop the agency, and it's drawing legal challenges. Now, legal experts and environmental groups warn those lawsuits and the succession order he signed himself may open BLM up to further challenges, your ME host and Ben Lefebvre report for Pros.

The Interior Department has dismissed the challenges, and said Pendley was on strong legal footing to hold the job and was well-qualified for the role. Pendley "brings a wealth of knowledge and experience to the Department and is committed to carrying out the Administration's priorities and achieving the BLM's multiple-use mission for the betterment of the American people," Interior spokesperson Ben Goldey said in a statement.

But Brian Frazelle, appellate counsel for the Constitutional Accountability Center, a group that has previously challenged Trump administration actions in court, said Interior's stance on the 1998 Federal Vacancies Reform Act gives it "a license for manipulation." He also said that while some of the circumstances are different, much of the reasoning in a March ruling against Ken Cuccinelli, who headed the U.S. Citizenship and Immigration Services, also applies to Pendley's designation.

Pendley hasn't signed anything tied to major agency rulemakings, which would leave few targets for lawsuits, said Kathleen Sgamma, head of the Western Energy Alliance, a trade association of oil and gas companies in Western states. "The BLM director doesn't sign documents like Records of Decision, so that's not likely to be a fruitful line of argument in litigation anyway," Sgamma said.

Still, Rebecca Jones, a policy counsel at Project on Government Oversight, said Pendley's position represents a larger pattern playing out during the Trump years. "This is continuing a pattern that we're seeing, not only under this administration, but I think dialed up to 11 under this administration, [with] the gamesmanship that's being played out with these vacant roles and the very creative reading of the law," she said.

By the way: PEER and Western Watersheds Project amended their federal suit this week that seeks Pendley's ouster to also challenge the recently announced designation of Margaret Everson "to exercise the delegable authority" of the National Parks Service director, following the exit of David Vela. The suit had challenged Vela's role atop NPS and the updated complaint argues that Everson also violated the Federal Vacancies Reform Act. A District Court judge ordered the defendants to answer by Sept. 14.

From Politico's Morning Energy

Lawyers question public lands chief move leaving himself in power

The Trump administration’s method of keeping the controversial acting head of the Bureau of Land Management (BLM) in power even after his nomination is withdrawn is likely not legal, according to experts who have reviewed the orders. Over the weekend, it was made public that William Perry Pendley’s nomination will be withdrawn amid doubts he had the votes to be confirmed. Democrats all opposed the nomination because of Pendley’s opposition to federal ownership of public lands and his controversial comments on climate change and the Black Lives Matter movement. But Pendley is still running the agency because of succession orders dictating that the acting chief will lead the department if the director role remains unfilled. The Department of Interior previously had relied on a series of temporary delegations of power to keep Pendley and other Interior officials in office, even though they have not been confirmed by the Senate. Legal experts say the succession orders are dubious because the officials whose tenure has been questioned are the ones assigning themselves their new positions. The order was written and signed by Pendley, essentially giving himself the authority to act as director...MORE

White House withdraws nomination of William Pendley to head the Bureau of Land Management

The Trump administration withdrew the controversial nomination of William “Perry” Pendley to head the Bureau of Land Management on Saturday amid signs that the choice would hurt the reelection prospects of Republican Sens. Cory Gardner (Colo.) and Steve Daines (Mont.). Earlier this month, the Senate Energy and Natural Resources Committee received the materials needed to hold hearings on the nomination. But Democrats were planning to press Daines, who sits on the committee and is in a tight race with Montana Gov. Steve Bullock (D). It was not clear whether Gardner or Daines would vote for Pendley. Earlier this month, the Montana League of Conservation Voters put up an ad showing beautiful vistas behind signs saying “FOR SALE PUBLIC LAND.” The ad calls Pendley an “anti-public land zealot” and urges voters to “tell Steve Daines our public lands are not for sale.” Pendley is BLM’s deputy director for policy and programs and has been acting as the bureau’s director since July 2019, overseeing the management of the nation’s federal lands. “Good riddance,” John Bowman, managing director of government affairs at the Natural Resources Defense Council, said Saturday of the nomination being withdrawn. “Pendley never hid his intentions to hand over the country’s treasured resources to polluters and should never have been nominated.” Keeping Pendley on the job “shows the depth of disdain Secretary Bernhardt and President Trump have for the Constitution,” Jennifer Rokala, Executive Director of the Center for Western Priorities, said in a statement. She called his continuing role a “baldfaced” attempt “to evade the Senate’s advice-and-consent duties.” Sen. Tom Udall (D-N.M.), the ranking Democrat of the Senate Appropriations subcommittee on the interior, environment, and related agencies, said in a statement that “it’s hard to imagine a worse pick for BLM than someone who doesn’t believe in the very idea of conservation.” Udall said Pendley “should not be allowed to continue in this role in an acting, unconfirmed capacity.”...MORE

Earlier this month, the Montana League of Conservation Voters put up an ad showing beautiful vistas behind signs saying “FOR SALE PUBLIC LAND.” The ad calls Pendley an “anti-public land zealot” and urges voters to “tell Steve Daines our public lands are not for sale.” 

And it worked. You can be assured both weak-kneed Republicans worked behind the scenes to lobby for this outcome, with Gardner probably lobbying the hardest. The most recent polls have Gardner trailing Hickenlooper by 6 points, while Daines is leading Bullock by 6. The end result, though, is Trump did exactly what the enviros and Udall wanted, and that can't be good for the country.

Sagebrush Rebel Picked for Public Lands Post Sparks Controversy in Mountain West Elections

Mountain bikers scaling slickrock, hopeful hunters scouting for elk, footsore hikers pitching tents in pine forests—they're the activities typically associated with public lands. But as the 2020 election approaches, much of the action on federal lands is playing out in the polished halls of Washington, a political drama set in motion in June when the White House announced its had chosen veteran lands lawyer William Perry Pendley to permanently lead the Bureau of Land Management, the federal agency that oversees one acre of every ten in the United States. With the election just three months away, putting Pendley in that role is an election selling point for conservative westerners who favor his provocative record as a Sagebrush Rebel and eagerness to open up public lands for energy development. For Democrats, the nominee's term as the "acting" BLM director over the past year has proven he's still a right-wing extremist and an obstacle to managing public lands to address climate change. Democratic senators may be trying to turn the nomination to their political advantage. They have asked Environment and Public Lands Committee Chair Lisa Murkowski to fast track Pendley's confirmation hearings and hold them by the end of the week, about two dozen working days before the election. If they succeed, vulnerable Republican senators will be forced to reckon with the nominee's controversial record before environmentally-minded Mountain West voters go to the polls...MORE

Mountain bikers scaling slickrock, hopeful hunters scouting for elk, footsore hikers pitching tents in pine forests—they're the activities typically associated with public lands.

Really? This is not the Park Service, he heads the BLM, and the author mentions nothing about grazing, mining or timber?

Trump nominee faces Senate hurdles to securing public lands post

President Trump’s surprise pick to lead the Bureau of Land Management is expected to come under tough scrutiny during the Senate confirmation process, posing a test for vulnerable GOP senators. The nominee, William Perry Pendley, has a record of opposing public land ownership while also dismissing the science behind climate change. He also has a 17-page recusal list highlighting the number of people, companies and advocacy groups he must avoid while working at the agency. Trump’s decision to nominate Pendley, who has led the agency in an acting capacity for nearly a year, came as a surprise when the White House made the announcement last week. He’s been a lightning rod for public lands advocates who have long suspected that Trump hadn’t nominated him because he would fail to secure enough GOP support in the Senate. President Trump’s surprise pick to lead the Bureau of Land Management is expected to come under tough scrutiny during the Senate confirmation process, posing a test for vulnerable GOP senators. The nominee, William Perry Pendley, has a record of opposing public land ownership while also dismissing the science behind climate change. He also has a 17-page recusal list highlighting the number of people, companies and advocacy groups he must avoid while working at the agency. Trump’s decision to nominate Pendley, who has led the agency in an acting capacity for nearly a year, came as a surprise when the White House made the announcement last week. He’s been a lightning rod for public lands advocates who have long suspected that Trump hadn’t nominated him because he would fail to secure enough GOP support in the Senate. A first test on that front will come when he testifies before the Senate Energy and Natural Resources Committee for his confirmation hearing. The panel has several Republicans who are up for reelection in western states, putting pressure on them to choose between bucking Trump or angering constituents who are public lands advocates...MORE

...in Colorado, where public lands have been a key issue in Sen. Cory Gardner’s reelection campaign, Pendley has received a tepid response.
Speaking with Colorado Public Radio, Gardner (R) said he would have “tough questions” for Pendley but didn’t say whether he supported him or whether his record was disqualifying.
A spokesperson for Gardner told The Hill that the senator “looks forward to fully reviewing Mr. Pendley’s record during the confirmation process.”
...Gardner, as well as Montana Sen. Steve Daines (R), has made public lands a major reelection issue. The vulnerable senators have championed the Great American Outdoors Act, which would provide money for a popular conservation fund and address a maintenance backlog at national parks.
Both have stressed the importance of protecting public lands and access to them while advocating for the bill, which the Senate passed in a 73-25 vote on June 17.
Environmentalists argue it would be inconsistent for the two senators to back the conservation legislation and then vote for Pendley.

The two Senators, Gardner and Daines, have already prostituted themselves in service to the left-wing enviros.  The question here is whether or not this is a permanent affliction. To redeem themselves they should vote to confirm Pendley.

The enviros say it would be "inconsistent" to have supported the Great American Outdoors Act and then to support Pendley's nomination. The act provided for mandatory, permanent funding for federal land acquisition, with such funding exempt from further debate. To be consistent, then, the Senators should make Pendley the permanent, mandatory Director of the BLM with the appointment not subject to any further debate. 

Interior extends tenure of BLM director

The Interior Department on Friday extended the appointment of William Perry Pendley to lead the Bureau of Land Management in an acting capacity until May 5. Extending Pendley’s tenure, which was slated to expire on Friday, was met with some pushback from conservationists because of statements he has made opposing federal land ownership. Critics have argued that Interior’s continued use of temporary appointments allows the department to keep controversial figures in place who would be unlikely to be confirmed by the Senate. Pendley has been running the bureau since July 2019, and his tenure has been extended several times. Around the time of Pendley’s last extension in January, a coalition of 91 groups called for his ouster. Also extended in Friday’s order were the tenures of acting National Park Service Director David Vela, acting Office of Surface Mining Reclamation and Enforcement Director Lanny Erdos and acting Special Trustee for American Indians Jerold Gidner...MORE

Critics have argued that Interior’s continued use of temporary appointments allows the department to keep controversial figures in place who would be unlikely to be confirmed by the Senate.

The acting appointments prevent the enviros from:

a) Putting on a show during the hearings to attack the Trump administration's land management policies, and
b) Using the event to conduct major fundraising activities

Those are two activities at which the enviros excel and thus love to do. Combine that with a weak Chairman of the Senate committee with jurisdiction over Interior appointments, and I wouldn't expect any appointments subject to  Senate confirmation until after the November election.

 

Federal lands chief makes mark on agency — even though his position is not permanent

The acting head of the Bureau of Land Management is making his mark on the agency: He's naming the agency's new headquarters after his co-worker during the Ronald Reagan administration. William Perry Pendley, who was just reappointed as President Trump's acting director of the federal lands agency in the new year, has named BLM’s new headquarters in Grand Junction, Colo., after Robert Burford, a Grand Junction rancher who served as the agency's director for eight years under Reagan. The moniker is another sign of how Pendley is reshaping the agency by shifting the gravity of decisionmaking away from Washington and towards the West — even though he has not been confirmed by the Senate. After nearly three years in office, President Trump has yet to nominate a permanent director for the BLM, despite the agency’s tremendous purview of managing 245 million acres of public lands. Last week, Interior Secretary David Bernhardt extended Pendley's tenure as acting head of the BLM until April. Late last week, Pendley traveled to Grand Junction as BLM opened its new headquarters in the city of 63,000 as part of the reorganization plan. In addition to naming the office, he has made tentative offers to three people to be assistant directors in Grand Junction, though the Office of Personnel Management still needs to approve the hirings. Pendley and Burford, who died in 1993, became friends while working together at the Interior Department. Under Reagan, Pendley served as a deputy assistant secretary for energy and minerals. “I always admired his work ethic and his commitment to President Reagan ... I thought it totally appropriate that we name our headquarters after him and honor him that way,” Pendley told the Grand Junction Daily Sentinel. Both rode into Washington in the 1980s has part of a Western political movement known as the “sagebrush rebellion,” which called for the transfer of federal lands to the states...MORE 

 I worked with Burford while at Interior and think this was a grand idea by Pendley.

Interior extends tenure of BLM head who once advocated selling public lands

Interior Secretary David Bernhardt on Thursday extended the tenure of the controversial acting director of the Bureau of Land Management (BLM), ensuring William Pendley will stay at the helm of the agency even as he faces calls for his firing. A temporary redelegation of authority signed by Bernhardt leaves Pendley in charge of the BLM through April 3. Pendley’s renewed tenure comes as a coalition of 91 various conservation and public interest groups have called for his ousting and amid a much-contested move of BLM headquarters to Colorado. The Interior Department pegged the groups involved in the drafting of the letter, ranging from a number of local wildlife groups to the outdoor apparel brand Patagonia, as environmental extremists. "For this group of environmental extremists to call themselves sportsman and conservationists is as laughable as this letter. Mr. Pendley brings a wealth of knowledge and experience to the Department and is committed to carrying out the Administration's priorities for the betterment of the American people," a spokesperson told The Hill by email on Monday...MORE

Coalition of 91 groups asks for resignation or removal of BLM chief

A coalition of 91 groups with ties to public lands sent a letter Monday asking that acting Bureau of Land Management (BLM) head William Pendley immediately resign or face removal from his post. Pendley, a controversial figure over his past comments opposing federal land ownership, has been widely opposed by conservation, sportsman, public interest and environmental groups, who said “his actions betray BLM’s mission and demonstrate his lack of fitness to lead it.” The coalition’s letter to Interior Secretary David Bernhardt, who oversees BLM, comes as Pendley’s temporary delegation of power is set to expire on Friday. Interior has been criticized for using temporary orders to fill high-ranking posts with controversial figures who would be unlikely to earn Senate confirmation. “Pendley holds views that are antithetical to the BLM’s mission to manage public lands and resources on behalf of all Americans,” the groups wrote in the letter, citing not only Pendley's prior comments but also his work as a lawyer for groups fighting the designation of protected areas...MORE

Only 91?? The are literally thousands of orgs or groups "with ties to public lands." Secretary Bernhardt should immediately renew Pendley's assignment to head the BLM. 

UPDATE

Now that I think about it, I'm disappointed in Pendley. He should have generated far more opposition than that.

Senior Interior official denied there was an ozone hole and compared undocumented immigrants to cancer

Adrew Kaczynski

The acting director of the federal agency responsible for managing one in every 10 acres of land in the United States has repeatedly denied the existence of climate change and falsely claimed in a 1990s speech there was no credible evidence of a hole in the ozone layer. William Perry Pendley was appointed by Interior Secretary David Bernhardt as the acting director of the Department of Interior's Bureau of Land Management in July 2019. Prior to his appointment, Pendley was a conservative activist, commentator, lawyer and served as the longtime president of the conservative Mountain States Legal Foundation. Pendley's appointment has already drawn scrutiny from Democrats and environmental groups for his views on public lands. In recent years, he has said that "environmental extremists ... don't believe in human beings" and that "The Founding Fathers intended all lands owned by the federal government to be sold." "As someone in the public arena for nearly four decades, I've given countless statements and written scores of articles on a wide variety of topics. Cherrypicking a few of them out of context is neither useful nor connected to my current position. I'm focused now on implementing the policy priorities of the Trump administration and Secretary Bernhardt within the authorities and mission given this agency by Congress. My personal views are irrelevant in this context."In a lecture to the Heritage Foundation in 1992, a copy of which is available online, Pendley compared the environmental movement to communism and denied the existence of the hole in the ozone layer -- which had been scientifically well established by then. "'Environmentalism' is indeed the last refuge of the left, the last safe haven for those who trust, not the people, but big government, those who seek to place the power in the hands of federal bureaucrats," Pendley said. "No wonder the environmental message has became the cause of choice for the elitists of Hollywood. It should not surprise us that they have embraced environmentalism with the same self-righteous fervor as they once embraced socialism and communism."...MORE

New Bureau of Land Management leader is not only unfit to serve, he's a threat to Western values

The above titled piece is one of the more recent screeds against William Perry Pendley's appointment to the BLM. In this case the authors represent three different state wildlife federations.

The piece contains the usual environmental bromides of preservation versus development, but the primary cudgel aimed at Pendley is his previous support for the disposal of certain federal lands

The heart of their argument against Pendley is the following:

Our question is, why would we even consider letting someone run the BLM, or any government agency, when his “personal opinions” are at odds with the law?

Applying that particular criteria would have meant most of Obama's appointees to the Dept. of Interior shouldn't have been appointed.

Think how ridiculous that concept is. You must agree with every federal law on the books or you can't run an agency. The status quo would remain forever. You mustn't propose amendments to current law. Things could never be improved.

The authors say this should apply to "any government agency". OK, let's take the IRS Commissioner. No one should be appointed to that position whose "personal opinions" run counter to any of the provisions of the huge tax code? I'm not sure that person could be found.

Besides, Section 203 of FLPMA authorizes the sale of federal lands that meet certain criteria. And most importantly, Pendley says, “You know, I’m a Marine, and I understand the chain of command and following orders. The president has made it very clear that we do not believe in the wholesale transfer of federal lands. That’s the president’s position, that’s the secretary’s position, and now that I’m deputy director of the Bureau of Land Management, that’s my position.”

His opponents must really find a better argument, and folks whose personal opinions could help improve the federal establishment should be welcomed, not ostracized.  

'Sagebrush rebel' William Perry Pendley embraces role heading BLM

...Few people have been involved with federal lands issues longer than Mr. Pendley, 74, who began as a staffer in 1976 for Sen. Clifford Hansen, Wyoming Republican. He went on to argue cases before the Supreme Court and write five books on “war on the West” themes. Still, it looked a few months ago as if his 30-year tenure as president of the Mountain States Legal Foundation in Denver would be his last act. Then Interior Secretary David Bernhardt called. On July 15, Mr. Pendley was sworn in as BLM deputy director of policy and programs. Two weeks later, the secretary signed an executive order giving Mr. Pendley the “authority of the director.” The order expires Sept. 30 and could be extended. Or the president could nominate a permanent director, which would require Senate confirmation. Whatever happens, Mr. Pendley plans to take advantage of the time he is given. He held a three-day meeting this week with state directors in Washington, but he also plans to “spend a lot of time in the West, going into the field offices, getting the lay of the land,” as well as advancing the relocation of about 300 staffers in Washington to 12 Western states. The plan was cheered by Western lawmakers, including Colorado Gov. Jared Polis, a Democrat, and Sen. Cory Gardner, a Republican, and slammed by others, notably Delegate Eleanor Holmes Norton of the District of Columbia, but “I think it’s awesome. I think it’s great,” Mr. Pendley said. “Our frustration in the West is simply we’re dealing with a landlord who’s 2,000 miles away,” he said. “You just don’t understand situations without being on the ground. You just have such a better perspective. You can read all you want. You can listen to all the PowerPoints you want. You can have as many conference calls as you can plug into a day, but you don’t understand until you’ve got boots on the ground.”...MORE

Bureau Of Land Management's Acting Director Faces Controversy

There is mounting criticism over the appointment of a new acting head of the federal Bureau of Land Management, which manages nearly 250 million acres of public land.

STEVE INSKEEP, HOST:
This next story involves 250 million acres of land. That's how much public land is overseen by the Bureau of Land Management. One way to think of 250 million acres is, that's roughly equal to the entire land area of Texas, plus California. This week, the Trump administration installed an acting director to supervise all that land. He is a man who has called for transferring public lands to states or selling them to private industry. NPR's Kirk Siegler has more.
KIRK SIEGLER, BYLINE: William Perry Pendley served under President Reagan's controversial Interior Secretary James Watt. He then built his career as an attorney at the conservative Mountain States Legal Foundation in Colorado, where he challenged the validity of the Endangered Species Act and represented oil and gas interests in public lands disputes. His Twitter handle is Sagebrush Rebel, a nod to what President Reagan once called himself. But the Sagebrush Rebellion is also associated with extremists like Cliven Bundy, whose family led armed occupations over control of federal public land. Pendley has written articles sympathetic to that movement, and he's argued that federal government shouldn't own most public land.
JEFF RUCH: We've likened it to putting an arsonist in charge of the city fire department.
SIEGLER: Jeff Ruch is with Public Employees for Environmental Responsibility, a group that represents whistleblowers inside federal agencies.
RUCH: The whole mission of the BLM is to manage these lands. And he's trying to basically get them out of this business, which seems to be quite a departure, even under Trump.

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SIEGLER: And San Juan County, he notes, is one of the poorest in Utah. Meanwhile, environmentalists are planning legal action over the Pendley appointment. Kirk Siegler, NPR News.

What on earth are they going to sue over? His qualification? Advise and consent? That is what it appears. PEER says:

...The Federal law that created BLM requires the Director to “have a broad background and substantial experience in public land and natural resource management.” Not only does lawyer Pendley lack those qualities, he is on record as advocating on behalf of MSLF that BLM should waste away by downsizing its land holdings through massive sell-offs...

...Further, the BLM Director position is one that requires the “advice and consent” of the Senate, under Article II, Section 2 of the Constitution. However, President Trump and Secretary Bernhardt have diligently detoured around that requirement, denying all of the U.S. Senate the ability to review and confirm or deny a nominee for the position.

Here is what the law says (FLPMA, Sec. 301):

Sec. 301. [43 U.S.C. 1731] (a) The Bureau of Land Management established by Reorganization Plan Numbered 3, of 1946 (5 U.S.C. App. 519) shall have as its head a Director. Appointments to the position of Director shall hereafter be made by the President, by and with the advice and consent of the Senate. The Director of the Bureau shall have a broad background and substantial experience in public land and natural resource management. He shall carry out such functions and shall perform such duties as the Secretary may prescribe with respect to the management of lands and resources under his jurisdiction according to the applicable provisions of this Act and any other applicable law.