HELENA, Mont. - Sen. Jon Tester - D-Mont. - has introduced a bill that would bar the Department of Justice from appealing a court order ousting William Perry Pendley as acting head of the Bureau of Land Management.

Gov. Steve Bullock brought - and won - a case against the BLM, charging that Pendley was illegally acting as agency director without Senate confirmation. But the Interior Department has vowed to appeal.

Aubrey Bertram, eastern Montana field director with the Montana Wilderness Association, said that prompted Tester to introduce the Public Lands Leadership Act, noting Pendley's anti-public-lands stances in the past.

"Specifically citing how toxic William Perry Pendley is and how drastically unfit he is to lead the largest public-lands management agency in the country," said Bertram.

The Interior Department questions the constitutionality of the bill, although there are precedents for this kind of legislation. Sen. Steve Daines - R-Mont. - accuses Tester of "playing politics" with the bill to help Daines' opponent, Gov. Steve Bullock, in the upcoming election.

President Donald Trump formally nominated Pendley in June, then withdrew the nomination in September.

Last month's court order also invalidates two Resource Management Plans in Montana finalized under Pendley's leadership. Eastern Montana hunter and conservationist Andrew McKean noted there's some irony to invalidating the Lewistown RMP, which opened up 95% of the area to oil and gas leasing.

He said there were a lot of comments from people who hunt and recreate in the area, that don't appear to have been considered in the final analysis.

"Looking back over this troubled tenure of Pendley," said McKean, "it kind of shows what can happen when you have an unelected and an unconfirmed bureaucrat making these decisions that really don't have any reflection on the land or among the constituents."

Despite the court order, Pendley has continued working at the BLM. Bertram said Americans deserve more transparency about who's in charge at the agency.

"As the ultimate collective owners of these lands, we deserve to know," said Bertram, "very definitively and very clearly - who is leading this organization, who is making these decisions, how that authority is being delegated. These should not be up for debate. They shouldn't be something that we have to speculate on."

A national land trust has purchased 44,000 acres of forest in Northwestern Maine to keep it wild and free for generations to come.

The Hilton Family Forest near Jackman contains mountain peaks, waterfalls and vital habitats for rare plant and animal species like the golden eagle. It is also a popular recreational area for hiking, biking and fishing.

Tom Duffus, vice president and northeast representative for The Conservation Fund, said the land will remain open to the public.

"We want to just keep things the same," Duffus explained. "What we've learned from this community so far is how important the stability of these landscapes is to them."

Duffus pointed out his organization purchased the land from the Hilton Family for $44 million and is now working with area communities on a permanent conservation solution.

Duffus stressed protecting the forest from subdivision or development contributes to the state's climate goals and improves climate and wildlife resilience. He added the land will also continue to provide revenue and jobs in the commercial sugaring, forest products and tourism industries.

"Working forests work for nature, they work for people," Duffus emphasized. "That is really the point of keeping all that going in a real sea change of land use that is happening in the forested landscapes around the country."

Maine is the most forested state in the nation and most of that forest is privately owned. Duffus noted there has been high turnover in land ownership since the 1990s, when paper companies began to sell their properties to timber investors. He added The Conservation Fund is helping to build a growing network of protected lands for the public good.

Advocates for public lands access are raising alarms about a lawsuit that could be heard by the U.S. Supreme Court.

Utah has filed a suit arguing the U.S. Bureau of Land Management is holding about 18.5 million acres of land in the state unconstitutionally, saying it can't keep unappropriated land in perpetuity.

Idaho and twelve other states have joined the suit. They say federally controlled land should be transferred to states.

But Executive Director of the Idaho Wildlife Federation, Nick Fasciano, said that would be disastrous for public lands and the people who use them.

"State ownership of land at this scale is a direct path to privatization," said Fasciano. "State budgets do not have the capacity to manage lands at enormous scale like this without selling it off. Idaho has a constitutional mandate to maximize the financial return of the land under its management."

The U.S. Justice Department said Utah's claims are "without merit" in a brief filed with the Supreme Court.

The BLM manages nearly 12 million acres of land in Idaho.

Outdoor recreation has been increasing in Idaho, adding nearly $4 million to the economy in 2023.

Fasciano said hunters, anglers, and other recreationists fear privatization will mean they're cut off from access to public lands.

But he noted that when Congress tried to transfer public lands to states in 2017, there was an overwhelming response from the hunting community and the legislation was dropped.

"Hunters," said Fasciano, "we spend so much of our lives on public lands that we're very invested in these things continuing to be open and public, and prepared to get pretty loud in opposition to this sort of idea."

Fasciano said public input on how lands would be managed could be reduced if the state is in charge as well.

"The federal government has the ability to hold lands in perpetuity and has the financial capability to manage them," said Fasciano. "The state does not. And so, it's not a question of local versus federal management. It's a question of whether or not these are open and accessible to the public and available for habitat for wildlife or if they're not. And that's the big fear."




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Members of the Buffalo River Watershed Alliance are supporting two moratoriums on concentrated animal feeding operations to be voted on today by the Arkansas Administrative Rules subcommittee of the Arkansas Legislative Council.

Concentrated animal feeding operations are large agriculture facilities which keep animals confined in small spaces.

Gordon Watkins, president of the alliance, said Regulations 5 and 6 include a moratorium on swine Concentrated Animal Feeding Operations in the watershed, but Regulation 5 does not include adequate public notification requirements. He pointed out the regulation only requires a request for a permit be posted on the Department of Agriculture website.

"If someone wants to put a 10,000-animal hog-confinement facility next door to you, you'd probably like to know about that," Watkins contended. "Secondly, in order to oppose a permit -- legally -- it's a 30-day comment period, and unless you submit comments on it, you do not have standing to legally challenge a permit."

He acknowledged Regulation 6 has stronger notification requirements which include notifying nearby landowners, publishing the permit request in the local newspaper and contacting school superintendents within a 10-mile radius of the proposed facility.

The last concentrated animal feeding operation allowed near the Buffalo National River, C and H Swine, was shut down in 2019. Watkins added he is a farmer but feels the area needs to be protected.

"It's the first National River ever created in the country. It's also a state icon," Watkins stressed. "If you look at any of the literature, put out by the department of tourism to promote the state, you'll see images from the Buffalo National River. It's an economic engine to some of the poorest counties in the state."

It was discovered in 2018 the C and H swine operation contaminated the water quality in Big Creek and the Buffalo River. Today's meeting is scheduled for 2 p.m.


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