Amidst all the election headlines, it would be easy to miss that William Perry Pendley continues to function as the de facto Director of the Bureau of Land Management (BLM) in open defiance of a recent federal court ruling that he was doing so unlawfully and must immediately step aside. Not only is Pendley patently unqualified to lead the nation’s largest land management agency, his presence now undermines the rule of law.
That’s why Glacier-Two Medicine Alliance supports the Public Lands Leadership Act, which is sponsored by six senators, including Sen. Jon Tester. We strongly encourage Sen. Daines to support this legislation too. Please call Sen. Tester to express support and to contact Senator Daines, or your home state Senator, to ask them to publicly support it as well.
What the Public Lands Leadership Act Would Do
William Perry Pendley
The Public Lands Leadership Act would prevent the Department of Justice from appealing U.S. District Court Judge Brian Morris’ Sept. 25th ruling that Pendley can no longer exercise any authorities of the Director of BLM until he is confirmed to the position by the U.S. Senate as required by the Appointments Clause of the U.S. Constitution. Pendley was initially elevated to Acting Director by Department of Interior Secretary David Bernhardt on July 30th, 2019. Bernhardt has repeatedly issued subsequent extensions of Pendley’s authority to act as Director. While President Trump did nominate Pendley this past July, the nomination was withdrawn in September. Judge Morris ruled this process violated both the Constitution as well as the Federal Vacancies Reform Act which limits temporary appointments to maximum of 210 days. At the time of Judge Morris’ order, Pendley had served for 424 consecutive days. Pendley has openly disavowed the order and as of Nov. 9th, the BLM website continued to list him as exercising the authorities of the Director. Passage of the Act would align the legislative and judicial branches in checking this abuse of power by the executive branch and ratchet up pressure on the Trump Administration to get rid of Pendley.
Why Glacier – Two Medicine Alliance Opposes Mr. Pendley
Glacier-Two Medicine Alliance opposes Mr. Pendley leadership at the BLM because we’ve witnessed firsthand that he is wholly unqualified to manage public lands or carry out the Federal trust responsibility to Native Nations. Prior to joining the BLM, Pendley represented Solenex, one of the leaseholders who continued to try and drill in the Badger-Two Medicine in violation of federal environmental laws and the wishes of the Blackfeet Nation. After the Department of Interior cancelled the Solenex lease, Pendley led Solenex’s sued the Department (where he now works) to overturn the decision. Throughout this long legal fight, Pendley has repeatedly minimized and disparaged the cultural and spiritual significance of the landscape to Blackfeet. He has also argued that Solenex’s energy lease constituted a property right that supersedes Blackfeet treaty rights and the public conservation concerns, even though their lease had been issued in violation of federal environmental laws and without proper consultation with the Blackfeet. This is but one of the many conflicts of interests (17 pages worth!) from which Pendley has had to recuse himself, primarily due to his career as a legal advocate for fossil fuels and other extractive industries.
Pendley’s Record is Disqualifying
Pendley’s disqualifying resume extends way beyond the Badger-Two Medicine. He is diametrically opposed to the mission of the agency he is tasked with leading; he has advocated for the privatization of the public lands he now manages, as well as opposed many of the bedrock environmental laws by which he is supposed to manage them. He pushed for even deeper cuts to the Bears Ears and other national monuments than Sec. Ryan Zink proposed and has called for the Antiquities Act to be repealed. Pendley also denies climate change and characterizes climate science as “junk science.” Furthermore, he has a long history of inflammatory comments and opposition to tribal rights and interests, as well as sacred site protections, such as for Bighorn Medicine Wheel in northern Wyoming. His history indicates he cannot carry out his federal trust responsibility to tribes fairly. Similarly, his flippant disregard for the concerns and perspectives of minorities is so abysmal that dozens of civil rights and social justice organizations signed a letter opposing his nomination, a somewhat unusual move for a BLM Director.
Since taking over at BLM, Pendley has worked to benefit the oil and gas industry that he long represented as a lawyer. He has treated drilling and mining as dominant uses of BLM lands, minimized public and tribal involvement in decision making, weakened agency protections for critical wildlife habitat, and sidelined outdoor recreation. He also ordered agency headquarters relocated to western Colorado, which has resulted in an exodus of qualified staff and gaping vacancies that threaten the effectiveness of the agency.
Take Action to Remove Pendley
Pendley cannot be allowed to disavow a federal court order and run out the clock. To do so, undermines the rule of law, establishes a terrible precedent, and allows Pendley to potentially do greater damage to our public lands and the integrity of the BLM. Please call Senator Daines your home state Senator, and ask them to stand-up for the Constitution and our public lands by voicing their support for the Public Lands Leadership Act and the immediate removal of Pendley the BLM.
Senator Daines: (202) 224 - 2651
Senator Tester: (202) 224 - 2644