In the Needles District, Canyonlands National Park, Utah                                                                            (Mike Painter)

 
September 30, 2020

Dear CalUWild friends and supporters—

The political world has been focused on the upcoming presidential and congressional elections and now the Supreme Court, too, with the death of Ruth Bader Ginsburg. The importance of voting has never been more critical. Here’s voter information from our July Update:

 
It’s not all bleak news, though, as you’ll see in ITEM 1. And we had good news some weeks ago: Radius Gold, the company proposing exploratory drilling on the California side of the Bodie Hills, is abandoning its plans for now. That doesn’t mean the threat is completely gone, but it gives us time to focus more on education and other issues in the Hills.

 
As always, thanks for your interest and support,
Mike

 
IN GENERAL
1.    BLM Acting Director Pendley Removed
          From Position by Court Order
2.    3 New California Cosponsors for 30×30 Resolution
          (ACTION ITEM)

IN CALIFORNIA
3.    Point Reyes National Seashore
          Plan Supports Continued Ranching
          (ACTION ITEM)
4.    7th Annual Visions of the Wild Festival
          (ONLINE)

IN THE PRESS & ELSEWHERE
5.    Links to Articles and Other Items of Interest

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

IN GENERAL
1.    BLM Acting Director Pendley Removed
          From Position by Court Order

Last Friday, a Federal District judge in Montana ruled that William Perry Pendley, Acting Director of the Bureau of Land Management, has been holding his position illegally, in violation of the Federal Vacancies Reform Act. The court ordered him removed immediately, and the ruling was not stayed pending appeal.

This is the result of a lawsuit filed in July by Montana Gov. Steve Bullock (D) in response to actions taken by BLM in Montana. (At least two other lawsuits have filed against Mr. Pendley and his tenure.)

As we wrote in ITEM 2b of last month’s Update, Mr. Pendley was a controversial figure even before he was appointed. He had a history of opposing the concept of federal public lands—claiming that the Founders intended for all federal lands to be sold—and had made disparaging remarks about Indigenous peoples, among other things.

He was appointed first as Acting Director, then nominated to be the permanent Director. However, that nomination was withdrawn when it became clear that the Senate was not likely to confirm him in the face of opposition from the public and conservation groups. He then signed a “succession order” for BLM giving himself a position with all the duties and powers of the Director, without actually being the director, to last indefinitely. The judge dismissed this arrangement, saying it:

(Matryoshka dolls are Russian nesting dolls.)

Mr. Pendley had been at the head of BLM for 424 days, far longer than the 210 days allowed by the law for “acting” appointments. Interior Secretary Bernhardt extended Mr. Pendley’s appointment four times, despite the fact that the president is the one who is supposed to make the appointment and Senate confirmation is required. In addition, once nominated for a position, a person is not allowed to be in an “acting” capacity, which he also did while the formal nomination was still pending. The judge wrote that Mr. Pendley’s “tenure did not follow any permissible paths for appointment to the office.”

The judge has asked for a listing of actions BLM that has taken might be invalidated, and of course, those outside Montana would be invalid, as well. Possibilities include oil & gas leasing plans, the move of BLM headquarters to Grand Junction Colorado, and more.

You may read the judge’s ruling here.

The administration has used this type of appointment in other agencies as well.

We’ll keep you posted on developments.

 
Other BLM issues in the press: An article in The Hill: Interior watchdog: top officials misled Congress on BLM relocation out West

 
2.    3 New California Cosponsors for 30×30 Resolution
          (ACTION ITEM)

We wrote in last month’s Update about H. Res. 835, the 30×30 Resolution introduced in Congress, expressing support for the protection of 30% of the U.S. land base by the year 2030. Three more California representatives signed on as cosponsors this month:

That brings the California total to seven out of our 53 representatives. (There are 24 cosponsors nationally, meaning that there’s lots of work ahead!) Please call your representative to thank them or ask them to sign on as cosponsors. A list of California representatives and their DC office phone numbers is on our Congressional Information page.

Our friends at the Center for Western Priorities have put together a website with information about the campaign and various strategies to achieve the goal.

 
IN CALIFORNIA
3.    Point Reyes National Seashore
          Plan Supports Continued Ranching
          (ACTION ITEM)

This month, Point Reyes National Seashore released its long-awaited General Management Plan Amendment for ranching. Despite the fact that more than 90% of the comments received from the public opposed continued ranching in the Seashore, the Park Service unsurprisingly chose its Preferred Alternative.

As we wrote in our August 2019 Update:

Restore Point Reyes National Seashore, a project of Resource Renewal Institute in Marin County (and CalUWild’s fiscal sponsor), has an eight-minute film on its website about the Tule Elk and a list of possible actions to take, including writing to Rep. Jared Huffman (D-2), Sen. Dianne Feinstein (D), the House Natural Resources and Senate Energy and Natural Resources committees, and Park Service officials. They also have talking points and a sign-on petition—all too much to include here.

So please go to their page for the film and suggested actions. (You can also sign up for a newsletter.) As always, when writing letters use the talking points but put them in your own words—and include your own personal experiences, for even greater impact.

Ken Brower, son of David Brower, Executive Director of the Sierra Club when Pres. John F. Kennedy signed the 1962 legislation creating Point Reyes NS (and Founding Member of CalUWild’s Advisory Board) wrote an essay recently: Reflections on the 58th Anniversary of the Point Reyes National Seashore. It’s worth reading to get a good perspective on the Seashore’s history and present situation.

 
4.    7th Annual Visions of the Wild Festival
          (ONLINE)

Since 2014, the 50th Anniversary of the Wilderness Act, CalUWild has helped plan the Visions of the Wild Festival, featuring films and art, with Region 5 of the U.S. Forest Service and the Vallejo Community Arts Foundation. This year, the annual event focuses on 38° North, the latitude on which Vallejo lies, but which also turns out to be a significant marker around the world.

In years past events took place over a weekend in Vallejo, but circumstances have forced us into the virtual world. This has the obvious disadvantage of not gathering in person, but it’s also allowed for greater flexibility in scheduling events, arranging for speakers, showing films, and archiving events for later viewing. We are, however, hoping to have a scaled-down in-person event next spring, with art exhibitions and a possible concert, as in years past.

Future events include:

A previous event was scheduled after our August Update, went out, so we couldn’t announce it in advance, but the program is available on the Visions of the Wild website:

Registration is required for each event, separately, but all are FREE (though donations are appreciated). Follow the links for each at the Visions of the Wild homepage.

 
IN THE PRESS & ELSEWHERE
5.    Links to Articles and Other Items ofInterest

If a link is broken or otherwise inaccessible, please send me an email, and I’ll fix it or send you a PDF copy. As always, inclusion of an item in this section does not imply agreement with the viewpoint expressed.

In Utah

In California

In Alaska

In Nevada

In Wyoming

In General

 
 
 

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