OVERNIGHT ENERGY: Interior Secretary will lead BLM after judge ousts Pendley from public lands role | Trump, Biden spar over climate change at debate

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OVERNIGHT ENERGY: Interior Secretary will lead BLM after judge ousts Pendley from public lands role | Trump, Biden spar over climate change at debate | Trump official delays polar bear study with potential implications on drilling: report

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FILL-IN THE BERN: The Department of the Interior will not name a new acting director to lead the Bureau of Land Management (BLM) after it’s leader was ousted by a federal judge, top officials told employees in an email obtained by The Hill.

Instead the job will be left to Interior Secretary David Bernhardt.

A Montana-based U.S. district judge on Friday ruled William Perry Pendley, the controversial acting director of BLM, “served unlawfully … for 424 days” and enjoined him from continuing in the role.

The decision was in response to a suit from Montana Gov. Steve Bullock (D), who argued Pendley, whose nomination to lead the BLM was pulled by the White House last month, was illegally serving in his role through a series of temporary orders.

A Wednesday email makes clear that Interior will not be placing the top career official in charge of the nation’s public lands agency, as its department manual dictates.

“I understand there may be some questions about the ruling on Friday regarding William Perry Pendley’s leadership role at the Bureau of Land Management,” Principal Deputy Assistant Secretary Land and Minerals Management Casey Hammond wrote in an email to BLM staff.

“Secretary Bernhardt leads the bureau and relies on the BLM’s management team to carry out the mission. Deputy Director for Programs and Policy, William Perry Pendley, will continue to serve in his leadership role.”

Judge Brian Morris, an Obama appointee, ruled Friday that Interior and the White House improperly relied on temporary orders far beyond the 210 days allotted in the Federal Vacancies Reform Act while also violating the Constitutional requirement to seek approval from the Senate.

“The President cannot shelter unconstitutional ‘temporary’ appointments for the duration of his presidency through a matryoshka doll of delegated authorities,” he wrote.

Pendley has sparked controversy over the course of the year he has led BLM due to his long history opposing federal ownership of public lands as well as comments he has made questioning climate change and the Black Lives Matter movement.

Putting Bernhardt at the helm of the agency appears to comply with the court order from Morris.

But critics say the move centralizes power for the agency in the highest political circles after relocating more than 200 Washington, D.C.,-based positions to Grand Junction, Colo., in order to bring employees closer to the lands they manage.

The move leaves just 61 BLM employees in Washington.

“Secretary Bernhardt’s decision to centralize final decision-making in Washington,

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Interior Secretary will lead BLM after judge ousts Pendley from public lands role

The Department of the Interior will not name a new acting director to lead the Bureau of Land Management (BLM) after it’s leader was ousted by a federal judge, top officials told employees in an email obtained by The Hill.

Instead the job will be left to Interior Secretary David Bernhardt.

A Montana-based U.S. district judge on Friday ruled William Perry Pendley, the controversial acting director of BLM, “served unlawfully … for 424 days” and enjoined him from continuing in the role.

The decision was in response to a suit from Montana Gov. Steve BullockSteve BullockOVERNIGHT ENERGY: Court removes Pendley from role as public lands chief | Pendley court ruling could unravel Trump’s public lands decisions | 1 in 4 adults cite climate change in decision not to have children Pendley court ruling could unravel Trump’s public lands decisions Court removes Pendley from role as public lands chief MORE (D), who argued Pendley, whose nomination to lead the BLM was pulled by the White House last month, was illegally serving in his role through a series of temporary orders. 

A Wednesday email makes clear that Interior will not be placing the top career official in charge of the nation’s public lands agency, as its department manual dictates.

“I understand there may be some questions about the ruling on Friday regarding William Perry Pendley’s leadership role at the Bureau of Land Management,” Principal Deputy Assistant Secretary Land and Minerals Management Casey Hammond wrote in an email to BLM staff.

“Secretary Bernhardt leads the bureau and relies on the BLM’s management team to carry out the mission. Deputy Director for Programs and Policy, William Perry Pendley, will continue to serve in his leadership role.”

Judge Brian Morris, an Obama appointee, ruled Friday that Interior and the White House improperly relied on temporary orders far beyond the 210 days allotted in the Federal Vacancies Reform Act while also violating the Constitutional requirement to seek approval from the Senate.

“The President cannot shelter unconstitutional ‘temporary’ appointments for the duration of his presidency through a matryoshka doll of delegated authorities,” he wrote.

Pendley has sparked controversy over the course of the year he has led BLM due to his long history opposing federal ownership of public lands as well as comments he has made questioning climate change and the Black Lives Matter movement.

Hammond’s email includes a statement from Interior solicitor Daniel Jorjani making clear that the department will appeal as Bernhardt shepherds the BLM.

“The Department of the Interior believes this ruling is erroneous, fundamentally misinterprets the law and unreasonably attempts to up-end decades of practice spanning multiple presidential administrations from both parties. Nevertheless, the Department will comply with the Court’s Order, while we move forward with an appeal and review all other legal options,” Jorjani wrote.

“The Bureau of Land Management has not had a Senate-confirmed Director of the Bureau of Land Management during this Administration, nor has it named an Acting Director. This is still the case in respect to

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Senate Democrats demand White House fire controversial head of public lands agency

Senate Democrats continued their pressure campaign on the White House on Tuesday, taking to the floor to ask President TrumpDonald John TrumpDemocrats, advocates seethe over Florida voting rights ruling Russian jets identified in Trump campaign ad calling for support for the troops Democratic Senate candidate ‘hesitant’ to get COVID-19 vaccine if approved this year MORE to immediately remove the controversial acting head of the Bureau of Land Management (BLM) from his post.

The speeches were focused on William Perry Pendley, the de facto head of the public lands agency who has long opposed federal ownership of them.

Though his nomination was withdrawn earlier this month after a letter of opposition from the entire Democratic caucus showed Republicans they had little wiggle room for a vote, Pendley remains in office through a series of orders being challenged in two different lawsuits.

“Let’s get one thing straight. This title has no basis in law. He’s serving as acting BLM director under temporary appointments that the Secretary [of Interior] keeps renewing in a cynical ploy to evade the Constitution, the Federal Vacancies Reform Act and the judgment of the Senate,” said Sen. Tom UdallThomas (Tom) Stewart UdallOVERNIGHT ENERGY: Trump extends Florida offshore drilling pause, expands it to Georgia, South Carolina | Democrats probe Park Service involvement in GOP convention | Sanders attacks ‘corporate welfare’ to coal industry included in relief package Democrats probe Park Service involvement in GOP convention Overnight Energy: EPA chief outlines vision for agency under ‘Trump’s second term’ | Agency sued over decision not to regulate chemical linked to fetal brain damage MORE (D-N.M.), a vocal critic of Pendley’s.

“Mr. Pendley’s record on conservation is so bad, so antithetical to the agency he oversees the Trump administration knew he wouldn’t survive a Senate confirmation. So instead, they’ve concocted this shell game,” Udall continued.

Pendley has come under fire for a number of comments and articles. He’s compared climate change to unicorns to highlight that he doesn’t believe it exists. He’s criticized the Black Lives Matter movement. He has a long history fighting federal government oversight of public lands, penning books with the titles “War on the West: Government Tyranny on America’s Frontier” and “Warriors for the West: Fighting Bureaucrats, Radical Groups, and Liberal Judges on America’s Frontier.” 

Sen. Michael BennetMichael Farrand BennetNext crisis, keep people working and give them raises Democrats tear into Trump’s ‘deep state’ tweet: His ‘lies and recklessness’ have ‘killed people’ Trump rails against the FDA over vaccine testing MORE (D-Colo.) said “asking someone like that to manage our public lands … is like asking somebody be Secretary of Education who doesn’t believe in public education,” taking a jab at Education Secretary Betsy DeVosElizabeth (Betsy) Dee DeVosDeVos drops controversial rule on coronavirus aid Education secretary should be on the side of students Conservatives press for concessions in GOP coronavirus relief bill MORE.

Efforts by Democrats to get the White House to withdraw Pendley’s nomination came as environmental groups ran ads questioning the

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