Montana AG warns of ‘multistate lawsuit’ against Biden’s public lands rule.

Western States Prepared to Sue Biden Administration Over Proposed Public Lands Rule

A group of Western states is ready to take legal action against the Biden administration if it moves forward with its current version of the proposed public lands rule. They argue that the rule, which aims to prioritize conservation leasing, violates federal law and poses a significant threat to energy, mining, and agricultural interests in the region.

The Bureau of Land Management’s proposed Public Lands Rule seeks to allow the agency to lease federal lands for conservation purposes within its existing “multiple-use” framework. This means that groups opposed to new fossil fuel development would have the same right to bid on federal leases as oil companies, miners, and cattle ranchers.

The rule has faced widespread opposition, with over 215,300 industry groups and others expressing their concerns during the Bureau of Land Management’s public comment period. Now, states are prepared to challenge the agency in court.

Montana Attorney General Calls Proposed Rule a “Flagrant Violation” of Federal Law

In an exclusive interview with the Washington Examiner, Montana Attorney General Austin Knudsen described the Bureau of Land Management’s proposed rule as a “flagrant violation” of federal law. He argues that it directly contradicts the Federal Land Policy and Management Act, a law enacted by Congress in 1976 to govern federal land use.

Congress specified in the 1976 law that the Bureau of Land Management should make lands available for various purposes, including mining operations, motorized recreation, natural gas leases, guide concessions, hunting and fishing, and scientific study. Opponents of the proposed rule argue that by giving conservation equal consideration, businesses, industries, and individuals who rely on public lands would suffer.

Knudsen also emphasizes that any updates to the legislation should be made by Congress, not a federal agency. He believes that the Biden administration should seek approval from Congress if they want to change federal law to prioritize conservation.

Impact on Western States’ Economies

As Knudsen and other attorneys general have pointed out, federal lands make up a significant portion of their states’ territories. For example, federal lands account for 63% of Idaho, 30% of Montana, 65% of Utah, and 60% of Alaska. These lands are rich in minerals, oil and gas resources, timber, wildlife, and other valuable resources that are crucial to the economies of these states.

The proposed regulation by the Bureau of Land Management is expected to have a devastating impact on Montana’s economy and neighboring states. The ability for conservation groups to bid on leases could potentially shut down various industries such as grazing, mining, and timber, leading to severe economic consequences.

Renewable energy and fossil fuel groups have also expressed concerns about the proposed rule, fearing that it would halt project developments. Industry groups, including the American Exploration and Mining Association, the Nevada Farm Bureau Federation, the Montana Electric Cooperatives’ Association, and the South Dakota Cattlemen’s Association, have all voiced their opposition to the rule.

Legal Action and Next Steps

The draft rule was announced by the Interior Department in March and is expected to be finalized by the end of the year. If approved in its current form, Knudsen states that a multistate lawsuit is likely to be the next step. Attorneys general would seek a court injunction to block the rule, and Knudsen is confident that they would succeed in federal court.

Knudsen confirms that there is an appetite among Western states to proceed with a lawsuit if the Bureau of Land Management does not make significant changes to the proposed rule. However, before any legal action can be taken, the Bureau of Land Management must review public comments and either modify or finalize the rule.

While there is still hope that the Bureau of Land Management will reconsider the rule, Knudsen believes that the chances of a significant change are slim. Western states are prepared to take legal action to protect their economies and the interests of industries and individuals who rely on public lands.

The Washington Examiner has reached out to the Bureau of Land Management and the Department of Interior for comment.

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