Published On: July 6, 2023Categories: Federal Overreach, Press Release

HELENA – Montana Attorney General Austin Knudsen joined other attorneys general in filing formal comments against the Bureau of Land Management’s proposed unlawful conservation rule that could halt natural resource development by adding “conservation” to the list of land uses in the Federal Land Policy and Management Act (FLMPA).

“The BLM is trying to shove through another overarching, sweeping rule that’s not supported by the Federal Land Policy and Management Act. It’s flagrantly in violation of federal law,” Attorney General Knudsen said.

In comments submitted to BLM Director Tracy Stone-Manning, Attorney General Knudsen and eight other attorneys general argue that BLM has not authority to adopt or implement the proposed rule, the rule violates existing caselaw, the rule furthers privatization of public lands, and that the rule would cause significant, detrimental, economic impacts to important state interests and harm small businesses.

“The BLM is without authority to implement the rule, the rule violates existing federal statutes and caselaw, the rule would sell out our public lands to the highest bidder and place their control into uncertain hands…Immediate withdrawal of the rule must occur,” the attorneys general wrote.

Attorney General Knudsen joined attorneys general from Idaho, Arkansas, Mississippi, Nebraska, North Dakota, South Carolina, South Dakota, and Utah in submitting the comments.

Click here to read the comment letter.

In another set of comments submitted Wednesday to Department of the Interior Secretary Deb Haaland, Attorney General Knudsen and 16 other state attorneys general note that the FLMPA “does not allow BLM to pursue this proposed course.”

“The proposed Conservation and Landscape Health rule mocks our diligent stewardship by suggesting that multiple use is neither careful nor wise, and that the only appropriate use of public land is to lock it up and throw away the key. This attitude, made tangible by the proposed rule, carries a severe and costly impact to the American people,” the attorneys general wrote. “BLM’s proposed rule is harmful policy, it is unlawful, and it will be challenged for the brash overreach that it presents.”

Attorney General Knudsen joined attorneys general from Alaska, Arkansas, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming in submitting the formal comments.

Click here to read the comment letter.