The Crestone Eagle • February, 2021

Colorado files lawsuit against BLM to invalidate Uncompahgre  Resource Management Plan

The State of Colorado, through the Department of Natural Resources, filed a complaint on January 15, 2021 in Colorado federal court challenging the approval of the U.S. Department of Interior, Bureau of Land Management’s (BLM) Resource Management Plan (RMP) for the Uncompahgre Field Office. The Uncompahgre RMP, finalized in April 2020, governs mineral extraction and other land use activities on federal lands spanning five counties in southwestern Colorado.  The Colorado Department of Natural Resources (DNR) protested the proposed RMP in July 2019, and Governor Polis also submitted inconsistencies between the RMP and state policies, but those concerns were dismissed by the BLM in the final plan.

The State’s complaint details how William Perry Pendley, a BLM deputy director, violated the Federal Vacancies Reform Act (FVRA) when he improperly exercised the authority to resolve DNR’s protest while unlawfully occupying the role of the agency’s acting director.  Resolving such protests is a responsibility reserved exclusively to the Secretary of Interior, a U.S. Senate-approved BLM Director, or a legitimate acting director nominated by the President. 

Mr. Pendley’s appointment by Secretary David Bernhardt was never reviewed by the U.S. Senate and had extended beyond the legal 90-day limit for temporary officials at the time when the plan was finalized. Colorado’s lawsuit follows a recent ruling in a federal lawsuit in Montana that invalidated two RMPs and an RMP amendment that were approved based on a similar unlawful protest resolution by Mr. Pendley.

“The unfortunate fact is that if the Trump Administration had followed the law in appointing a Senate-confirmed nominee to lead the U.S. Bureau of Land Management, Colorado and other western states would not be in this predicament,” said Governor Jared Polis. “It is now Colorado communities and the State of Colorado who face unnecessary uncertainty and potential impacts to local recreation and outdoor industry jobs.”

“The Department of Natural Resources raised legitimate concerns in its protest that the final Uncompahgre RMP runs counter to Colorado’s goals to protect sensitive habitat for big game species and other wildlife, and reduce greenhouse gas emissions,” said Dan Gibbs, Executive Director, Colorado Department of Natural Resources. “The complaint provides facts demonstrating that these concerns were not addressed appropriately, and the approval of the plan by Pendley’s BLM was invalid. We are hopeful that the uncertainty caused by the questionable appointment can be clarified by the court so that Western Slope and Southwest Colorado communities can reliably plan for the future.”  

Attorney General Phil Weiser said: “In Colorado, our public lands are critical to our quality of life and economy. Over the years, the Bureau of Land Management has taken a series of illegal actions in developing the resource management plan that harms and conflicts with our state’s policies. We are bringing this lawsuit to address those harms and safeguard public lands and wildlife in Colorado.”