Originally Published by Bloomberg Law

By: Solicitor Daniel Jorjani

Over the past three years, the Department of the Interior has made sweeping regulatory changes to build a thriving economy and safer communities. In addition to unleashing responsible onshore and offshore energy development while prioritizing worker safety, we have expanded outdoor recreation and conservation, strengthened cultural resource protections, and encouraged tribal economic development.

Much to the chagrin of advocacy groups that fund raise via obstructionist litigation—and not the merits of the law—the DOI is regularly winning huge legal victories for hardworking American families.

While the initial filings of lawsuits always generate headlines, these victories are rarely highlighted in the media. Many of those who disagree with our policy priorities seek to bury our impressive litigation record, but here is the real story.

Nearly 80% of the Department’s priority regulatory and administrative actions have been upheld in the courts or were unchallenged, and nearly all of the remaining legal issues are being actively litigated on appeal. This tally includes Trump Administration priorities like exploring the significant energy potential of the Permian Basin and excludes routine, non-discretionary matters like deadline cases. 

A few notable court vindications include:

• The DOI’s reversal of the previous administration’s denial of a Minnesota mining lease affirmed by federal district court in D.C. (Voyageur Outward Bound Sch. v. U.S.), which will generate mining jobs in the Iron Range.
• Coordinated legal attacks on groundbreaking biological opinions issued on the operation of department-managed water projects in California were summarily rejected in court (Pac. Coast Fed. Of Fishermen’s Assocs.).
• An attempt to overturn a major oil and gas exploration permit in Alaska (Native Village of Nuiqsut v. BLM) and oil and gas lease sales (No. Alaska Enviro. Ctr. v. DOI) were rejected by a federal court, while a similar effort to vacate all oil and gas lease sales in the Gulf of Mexico was rejected by another federal court (Gulf Resto. Net. v. Bernhardt).
• Radical environmentalists’ efforts to invalidate the DOI’s decision to permit use of four-wheelers on certain federal lands in Utah also met with failure (Nat. Res. Def. Counc. v. BLM).

The list goes on. Given the Trump Administration’s aggressive reform of an ossified bureaucracy lacking the vigor necessary to respond to the needs of hardworking American families, this is quite an impressive record.

Our legal victories and policy decisions benefit all Americans from Alaska to the Gulf Coast and prove not only the benefits of the administration’s policy decisions, but also our compliance with the relevant statutory mandates and constitutional structure.

 Additionally, Interior has, under Secretary of the Interior David Bernhardt’s leadership, expanded hunting and fishing across a historic four million acres of public lands, permitted dozens of coal mines and solar projects, executed drought contingency plans for the upper and lower Colorado River, updated air quality control regulations, implemented a royalty rate reduction for non-energy solid minerals and spearheaded the innovative use of federal leasebacks of Indian facilities.

In Arizona, the Secretary finalized the Ray Land Exchange after 26 years of being stalled by frivolous litigation, an unfocused bureaucracy and a burdensome, decade long environmental review process. All of these and countless other projects and initiatives have gone largely unchallenged thus far due in part to early and ongoing dialogue with stakeholders to ameliorate any concerns.

We are optimistic that we will emerge victorious in the few remaining cases—most of which are already on appeal—involving the Trump Administration’s policy priorities. Notably, if we prevail on appeal in each of these matters, our success rate on priority matters would increase to more than 90%— e.g., NRDC v. DOI regarding the misuse of the Migratory Bird Treaty Act to criminalize lawful economic activity or League of Conservation Voters v. Trump regarding the revocation of an offshore withdrawal. 

 We will continue to defend the Trump Administration’s record of success and make our case in the court of law and public opinion. I am proud to share our winning record.

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