GREEN RIVER – The state may have some options available when it comes to pushing back against the Bureau of Land Management’s Rock Springs Resource Management Plan.
Gov. Mark Gordon and his staff met with the Sweetwater County commissioners and area legislators to discuss the state’s response to the RMP. Moments before the meeting was scheduled to begin, the BLM announced it issued its record of decision regarding the RMP. The meeting quickly became a discussion about what the next steps could be in halting implementation of the plan.
Gordon said the state is considering the options available to it and will look closely at the BLM’s record of decision, but is highly optimistic the change in administration and the potential appointment of former North Dakota Governor Doug Burgum as Secretary of the Interior will mean a better relationship between the state and BLM. Burgum was also a former chairman of the Western Governors’ Association. Gordon said the two have had conversations about the frustrations Gordon has had with the BLM and how the agency ignored local input in its RMP process.
“Doug and I have a really good working relationship,” Gordon said.
The BLM pushed to have the record of decision for the Rock Springs RMP finished before the Trump Administration is installed. Tracy Stone-Manning, the outgoing director of the BLM, will be leading The Wilderness Society once her tenure at the BLM ends. The organization is active in Wyoming and supported conservation efforts within the Rock Springs RMP.
One of the tools that could be used is utilization of the Congressional Review Act, which would require the BLM to submit a new rule to both houses of Congress and the Government Accountability Office’s comptroller for review before it can take effect. Gordon said the issue with this approach is while it would be within the scope of the review act, this approach would set a precedent as it hasn’t been used for an RMP.
A second option would be to initiate an amendment to the RMP. This method of changing the RMP would result in the BLM going through the National Environmental Policy Act and would be subject to the timelines specified there. Additionally, the state could lobby President-Elect Donald Trump to issue an executive order impacting the RMP and giving the state more time to react or challenge it.
The state also has the option to sue the BLM, which would halt the implementation of the plan, but result in a long-court battle that would take years to conclude. The state attorney general’s office is poised to challenge the RMP, with the scope of the BLM’s Rock Springs Field Office’s jurisdiction would mean a court case initiated by Wyoming would likely be heard within the state. A key to this would be for the state to file early. Outgoing Rep. Clark Stith, R-Rock Springs, said it would be unfortunate if an organization like the Powder River Basin Resource Council filed a suit in Washington, D.C.
While a lawsuit against the federal government could be seen as something that would damage a relationship between the state and a federal agency, Gordon believes a lawsuit filed to challenge a Biden-era decision wouldn’t be viewed negatively by the incoming administration.
“I think no offense would be taken of us litigating this administration’s actions,” Gordon said.
While the state is considering options with the RMP, it has signed an agreement with the BLM to explore the transfer of some federal lands to the state. Rep. J.T. Larson, R-Rock Springs, believes those lands shouldn’t be managed as state trust lands.
“Instead, they would remain open for public access and responsible industry development, ensuring benefits for both residents and local economies,” he said in an emailed statement to SweetwaterNOW.