Chief District Judge Brian Morris of the US District Court of Montana has removed William Perry Pendley, the acting director of the Bureau of Land Management (BLM), for unlawfully serving for 424 days. The judge said Pendley was not lawfully appointed to the position and that any controversial policies he had implemented as acting BLM director might be revoked.
Judge Morris further ruled that Secretary of the Interior David Bernhardt who had appointed Pendley had no authority to do so and should not appoint another individual to replace the sacked Pendley since the candidate for the position must be appointed by the president and confirmed by the Senate. He added that people have 10 days to file complaints about some of Pendley’s orders so that it can be examined for merit or vacated.
“His ascent to Acting BLM Director did not follow any of the permissible paths set forth by the U.S. Constitution or the (Federal Vacancies Reform Act),” Morris wrote. “Pendley has not been nominated by the President and has not been confirmed by the Senate to serve as BLM Director. Secretary Bernhardt lacked the authority to appoint Pendley as an Acting BLM Director under the FVRA. Pendley unlawfully took the temporary position beyond the 210-day maximum allowed by the FVRA.”
President Donald Trump had submitted the name of Pendley as the BLM director to the Senate, but the presidency had withdrawn the nomination after Pendley uttered unacceptable statements to the effect that he did not believe in climate change and that there is no verifiable proof that the ozone layer has a hole in it.
The Bureau of Land Management is in charge of 244 million acres of federal lands as well as 30% of the mineral resources in the United States. To this extent, the permanent or even acting director of the BLM exercises huge authority in the lease of federal land for oil and gas exploration, recreation, and mining among other things.
Pendley could not be reached for comments but several people in the sector have expressed delight with the court’s decision to remove him.
Source: cnn.com
