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Federal judge removes acting Bureau of Land Management director after finding he has served unlawfully for 424 days
By Kyle Feldscher and Andy Rose, CNNUpdated 9:22 PM ET, Fri September 25, 2020
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Washington (CNN)A federal judge on Friday ordered acting Bureau of Land Management Director William Perry Pendley to step aside, blocking him from exercising any more authority after finding that he has served unlawfully for more than 400 days.
Chief District Judge Brian Morris of the US District Court of Montana ruled that Pendley has served unlawfully for 424 days, in response to a lawsuit brought by Democratic Montana Gov. Steve Bullock and the Montana Department of Natural Resources and Conservation. Morris additionally ruled Secretary of the Interior David Bernhardt cannot pick another person to run the Bureau of Land Management and instead must take those responsibilities on himself.
The judge gave both sides of the case 10 days to file briefs about which of Pendley’s orders must be vacated.
“Pendley has served and continues to serve unlawfully as the Acting BLM Director,” Morris wrote in his opinion. “His ascent to Acting BLM Director did not follow any of the permissible paths set forth by the U.S. Constitution or the (Federal Vacancies Reform Act). Pendley has not been nominated by the President and has not been confirmed by the Senate to serve as BLM Director.”
He added, “Secretary Bernhardt lacked the authority to appoint Pendley as an Acting BLM Director under the FVRA. Pendley unlawfully took the temporary position beyond the 210-day maximum allowed by the FVRA. Pendley unlawfully served as Acting BLM Director after the President submitted his permanent appointment to the Senate for confirmation – another violation of the FVRA. And Pendley unlawfully serves as Acting BLM Director today, under color of the Succession Memo.”
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