Biden’s Public Lands Rule; “Fragrant Violation of Federal Law, Montana Attorney General Says

Biden’s Public Lands Rule

Knudsen argues that the proposal directly contravenes the Federal Land Policy and Management Act, a 1976 law enacted by Congress to regulate federal land use. Critics contend that the law could be used to impede resource development activities such as oil drilling and mining.

The 1976 law specifically mandates that the Bureau of Land Management should make lands available for various purposes, including mining operations, motorized recreation, natural gas leases, hunting and fishing, and scientific study. Opponents argue that by elevating conservation as an equal consideration, the proposed Public Lands Rule would detrimentally impact businesses, industries, and individuals whose livelihoods depend on public lands.

Knudsen and other critics emphasize that any changes to federal law must be made by Congress, not a federal agency. Knudsen asserts that issuing sweeping Public Lands Rule changes like this, which amount to significant modifications to existing law, is outside the agency’s authority.

The proposed Public Lands Rule has significant implications for states with substantial federal lands, such as Montana, Idaho, Utah, and Alaska. These lands possess valuable resources such as minerals, oil and gas reserves, timber, and wildlife, which are vital to their respective economies. Knudsen warns that the Public Lands Rule’s implementation would be devastating to Montana’s economy and neighboring states.

The Public Lands Rule has also garnered opposition from renewable energy and fossil fuel groups who fear it would impede various project developments. Industry groups, including the American Exploration and Mining Association and the Montana Electric Cooperatives Association, have expressed concerns about the rule’s violation of the Federal Land Policy and Management Act.

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Public Lands Rules Draft

The draft Public Lands Rule was announced in March and is expected to be finalized by the end of the year. If approved in its current form, Knudsen anticipates a multistate lawsuit seeking a court injunction to block the Public Lands Rule.

He is confident that such legal action would receive support from several states. The Bureau of Land Management will conduct a public comment analysis and review before finalizing the Public Lands Rule, providing an opportunity for potential modifications. However, critics express skepticism that substantial changes will be made.

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