EXCLUSIVE — A group of Western states is prepared to sue the Biden administration if it advances the current version of its proposed public lands rule, arguing that the effort, which seeks to elevate conservation leasing, is a violation of federal law and poses significant harm to energy, mining,…
EXCLUSIVE — A group of Western states is prepared to sue the Biden administration if it advances the current version of its proposed public lands rule, arguing that the effort, which seeks to elevate conservation leasing, is a violation of federal law and poses significant harm to energy, mining, and agricultural interests in the region.
In writing the 1976 law, Congress specified that the Bureau of Land Management should make lands available for mining operations, motorized recreation, natural gas leases, guide concessions, hunting and fishing, scientific study, and more. And by allowing conservation to be considered on an equal playing field, opponents contend businesses, industries, and people whose livelihood depends on public lands would suffer.
“Federal courts have been very clear on this,” Knudsen added. “You don't get to issue sweeping rule changes like this that are tantamount to a major law change.”As Knudsen and other attorneys general have noted, federal lands comprise “significant portions” of their states, including 63% of lands in Idaho, 30% in Montana, 65% in Utah, and 60% in Alaska.
“We've got tons of federal land — and the land is used for grazing, for mining, for timber, a lot of different things,” he said. “And if suddenly [the Bureau of Land Management] was going to say, ‘Well, no, we're going to allow conservation groups to come in here and bid on these leases, to basically just shut these public lands off,’ that's going to be devastating to our states’ economies as well.
"In light of the numerous legal infirmities and substantial policy concerns for implementation, IPANM respectfully requests that [the Bureau of Land Management] withdraw and reconsider the proposed Planning Rule," said Jim Winchester, the executive director of the Independent Petroleum Association of New Mexico.The draft rule was announced by the Interior Department in March and is expected to be finalized by the end of the year.
Asked about the prospect of a court challenge, Knudsen confirmed he and other states have had some “preliminary talks” about a lawsuit.
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