Montana governor sues over 'unconstitutional' federal land agency head

Gov. Steve Bullock filed a lawsuit Monday against William Perry Pendley, who has essentially filled the vacant director's role since his appointment as deputy director last summer.

The Bureau of Land Management is responsible for one-tenth of the US land mass and 700 million acres of belowground resources, such as oil, gas and minerals.

Bullock is a former 2020 Democratic presidential candidate and is currently running to unseat Republican Sen. Steve Daines. (Bullock is term-limited from seeking reelection as governor.)

"It has nothing to do with running for Senate," Bullock told CNN in a phone interview on Tuesday. "This has to do with public lands which are essential to Montana. ... And it's about the Constitution and federal law."

The lawsuit, filed in a federal court in Montana, claims Interior Secretary David Bernhardt's temporary delegation of authority to Pendley violated the Constitution's requirement that major officials undergo Senate confirmation.

"This is a frivolous and politically motivated claim that has no legal standing," spokesman Conner Swanson said, speaking for the Interior Department and Bureau of Land Management. "Gov. Bullock should do a little legal research before wasting everyone's time with this nonsense."

President Donald Trump's announcement last month that he is nominating Pendley for the director's role means his "position has recently become illegal in a new way," the lawsuit alleges. It cites the Vacancies Reform Act as prohibiting in many instances "acting officers from running agencies while their nominations are pending before the Senate."

But the Interior Department says Pendley has never officially been named the agency's "acting" head. Instead, the agency describes him as "exercising the authority of the director."

Bullock told CNN he does not believe the court should issue a temporary order blocking Pendley from leading the agency while the legal fight plays out. Bullock has not moved for such an order, but it is the type of request other plaintiffs suing federal agencies commonly request.

"It shouldn't be something a court should have to do," Bullock said. Instead, he hopes the administration will "recognize that he's serving unlawfully, and get him up for a confirmation. If he's good enough to run the agency, he's good enough for a vote."

Pendley is a controversial figure to lead the agency. He has previously called for the sale of all federally owned land and dismissed the concerns of environmentalists. He also led the agency when it closed its Washington, DC, headquarters and relocated staff to a new Colorado headquarters and other offices. Critics said the move was intended to weaken the agency's influence, but the administration said it would put agency leadership closer to the land they manage.

The lawsuit asks a federal judge in Montana to invalidate actions Pendley has taken in the role. It specifically questions the agency's development of resource management plans and its policy for sage grouse habitat.

The lawsuit is at least the second challenging Pendley's leadership of the bureau. The government has until mid-September to respond to a challenge filed earlier this year by the Public Employees for Environmental Responsibility.