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The Department of Justice filed a motion to dismiss a lawsuit by three states challenging the Bureau of Land Management’s Public Lands Rule. The motion argues that North Dakota, Idaho, and Montana have failed to make sufficient legal claims of harm caused by the rule in their joint federal lawsuit filed in June in the U.S. District Court for the District of North Dakota.
North Dakota, Idaho, and Montana claim in the lawsuit that the rule oversteps BLM’s authority by making “the radical leap of establishing ‘conservation’ as a ‘use’ that is ‘on par with other uses of the public lands.’” The BLM maintains that the rule does not give it any new authorities by putting conservation on equal footing with other uses on public lands, including livestock grazing, oil and gas drilling, and mining. The Justice Department previously dismissed similar claims filed by Utah and Wyoming because the states could only provide “vague theories” on the potential impacts of the rule.
The Public Lands Rule directs BLM staff to identify priority landscapes for protection and restoration using Areas of Critical Environmental Concern (ACEC) designations. It also formalizes the practice of “restoration leasing” and “mitigation leasing” for land restoration or protection, and applies the concept of measuring landscape health to all BLM-managed lands, bringing consistency and the best science to land management practices across BLM.
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Across the country, migratory birds and their habitat are at risk due to drought, warmer temperatures, and rising seas. Projects supported through these grants help bolster wetland biodiversity and increase habitat for billions of migrating birds while expanding outdoor recreation opportunities for surrounding communities.”
