Congress repealed management plans for public lands in three states this week to expand access to fossil fuel mining and drilling. This unprecedented move could create uncertainty in managing these areas and lead to litigation over leasing for energy development, grazing, and other uses.
The Senate passed three resolutions nullifying resource management plans enacted during the Biden administration in Alaska, Montana, and North Dakota, using the Congressional Review Act. Each resolution had already passed the House of Representatives.
The Biden-era plans had ceased coal leasing in the Powder River Basin and restricted oil and gas development across millions of acres compared to previous plans. Sen. Steve Daines (R-Mont.), a resolution sponsor, claimed the Biden-era plan was implemented despite opposition from local communities, labeling it “an attack on Montana jobs” and “on Montana communities.”
Daines argued that repealing the plan would not cause chaos, as it only removed the latest amendment while keeping the rest of the plan intact. Sen. Kevin Cramer (R-N.D.), another sponsor, stated the Bureau of Land Management had failed to balance multiple land uses by nearly eliminating coal leasing.
Democrats opposed the measures, and conservation groups warned the repeal threatens conservation achievements, such as protections for caribou, Dall sheep, and salmon in Alaska.
Resource management plans guide how the Bureau of Land Management balances multiple uses on public lands, including energy development, grazing, conservation, and recreation. These plans are typically in place for years, involving input from numerous stakeholders, according to Rachael Hamby, policy director at the Center for Western Priorities.
Previously, these plans were not considered rules eligible for Congressional Review Act scrutiny. Legal experts caution this new step could open many plans for review. Hamby warned this could lead to Congress micromanaging all resource management plans nationwide.
Lawmakers from Wyoming introduced a resolution to repeal a state plan on Wednesday. Sen. Martin Heinrich (D-N.M.) warned these resolutions could cast doubt on resource plans across the country. He suggested that, since many management plans have not been submitted as rules since 1996, they might not be legally valid.
Using the Congressional Review Act prohibits agencies from adopting rules similar to repealed ones, adding uncertainty to future management plans, Hamby noted. Legal experts warned that invoking the Act might trigger endless litigation.
The Western Energy Alliance, representing oil and gas companies, lauded the North Dakota resolution’s passage, saying it brings certainty to energy development. Melissa Simpson, the group’s president, supported the Senate resolution in a written statement. Aaron Johnson, vice president of public and legislative affairs, dismissed concerns over legal chaos, saying plans will revert to previous versions.
Hamby suggested the repeal could backfire, as leases under the now-repealed plans may face legal challenges. “I would not be surprised if we see something like that soon,” she said.
Original Story at insideclimatenews.org