Federal Judge Voids 3 BLM Actions, Citing's Perry's Illegal Presence As Putative Head Of Agency [View all]

[hatrack]

A federal judge in Montana has once again handed the Bureau of Land Management and its embattled former de facto acting chief, William Perry Pendley, another major legal defeat.

Chief Judge Brian Morris of the U.S. District Court for the District of Montana late yesterday issued an order invalidating three major land-use plan revisions in Montana as a result of Pendley "unlawfully" leading BLM for more than a year.

BLM issued a statement this morning blasting Morris' order. "The court's erroneous ruling continues to disregard basic facts and misapprehend how authority is delegated within federal agencies," it said. But Morris also issued what appeared to be a warning to Pendley and the Interior Department that they better abide by his previous order from last month barring Pendley from performing the duties of BLM director (Greenwire, Sept. 25).

EDIT

Morris' latest order issued last night takes his initial finding from September a step further, ruling the amended Lewistown and Missoula resource management plans (RMPs) in the central and northwest parts of the state, respectively, are now invalid because Pendley was not authorized to perform the duties of the BLM director. The amended Lewistown and Missoula RMPs, finalized in July, cover in total about 800,000 acres. Morris' order also dismisses the Miles City RMP amendment in eastern Montana, approved by BLM last year. It addresses the management of 12 million acres of subsurface mineral estate. All three RMPs would open more federal lands to oil and gas drilling, the state and other critics say.

EDIT

https://www.eenews.net/stories/1063716439