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Two conservation groups have filed a lawsuit against Interior Secretary David Bernhardt, alleging his sustained use of temporary "acting" directors violates federal law and the Constitution. Specifically, the lawsuit seeks the removal of acting Bureau of Land Management director William Perry Pendley and acting National Park Service Director David Vela, both of whom have served longer than the 210 days allowed by the Vacancies Reform Act.
Secretary Bernhardt's order granting authority to the two acting heads cites the need to ensure management "during the Presidential transition pending Senate confirmation of new non-career officials." However, as the lawsuit points out, the election was more than three years ago, there are no pending nominations to lead either agency, and President Trump has not nominated any BLM director throughout his entire presidency.
Using temporary appointments has allowed Bernhardt to push an extreme agenda, particularly within the BLM. Executive Director of the Western Watershed Project Erik Molvar, one of the litigants, notes, "William Perry Pendley has little chance of surviving the scrutiny of a Senate confirmation process, as he has been a public lands extremist, dedicated to selling off public lands or handing over public resources to mineral and livestock industries throughout his career." While in office, Pendley has led a botched effort to move BLM headquarters to Colorado, leased millions of acres for oil and gas development, and rammed through approvals for new mines and wells during the coronavirus pandemic.
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It’s imperative that members of tribal nations, concerned people and sportsmen and women all have opportunities to raise concerns and ask questions about the plan during public meetings. Public meetings offer invaluable ways to engage with BLM staff around these issues, leading to more informed and and detailed comments that help BLM planners draft a more comprehensive final plan.”
