Federal judge removes Bureau of Land Management Director from office

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A federal judge on Friday ordered William Pendley to be removed as leader of the head of the Bureau of Land Management (BLM), a role that typically requires Senate confirmation.

Judge Brian Morris ruled that Pendley "served unlawfully as the Acting BLM Director for 424 days" and enjoined him from exercising the authority of the agency's director.

The ruling was issued in response to a lawsuit from Montana Gov. Steve Bullock (D) challenging Pendley's continued tenure and follows significant scrutiny from conservation groups.


Pendley has led the bureau in a temporary capacity since July 2019. His role at the agency has come under scrutiny because he has not been confirmed by the Senate.

He's also received criticism for advocating for selling off public lands, voicing skepticism about climate change and making comments about Islam, the Black Lives Matter movement and undocumented immigrants.

Pendley remained in his post first through a series of "secretarial orders" put forth by Interior Secretary David Bernhardt and later, as reported by The Hill, through "succession orders," with which Pendley gave himself the authority to remain the temporary leader of the agency.

Morris, an Obama appointee, ruled that both a secretarial order and a succession order "represent unlawful attempts to avoid the constitutional requirements of the Appointments Clause and the statutory requirements of the [Federal Vacancies Reform Act]."

Interior spokesperson Conner Swanson said in an email that the department will be appealing the decision "immediately."

"This is an outrageous decision that is well outside the bounds of the law. It betrays long-standing practice of the Department going back several administrations. Unfortunately, it appears the bias against this Administration was just too great to overcome," he said, pointing to an instance where a succession order was used by the Obama administration.

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