Pendley ordered to be removed

A federal judge on Friday ordered William Pendley to be removed as leader of the head of the Bureau of Land Management (BLM), a role that typically requires Senate confirmation.

Judge Brian Morris ruled that Pendley "served unlawfully as the Acting BLM Director for 424 days" and enjoined him from exercising the authority of the agency's director.

[...]

Pendley has led the bureau in a temporary capacity since July 2019. His role at the agency has come under scrutiny because he has not been confirmed by the Senate.

He's also received criticism for advocating for selling off public lands, voicing skepticism about climate change and making comments about Islam, the Black Lives Matter movement and undocumented immigrants.

Pendley remained in his post first through a series of "secretarial orders" put forth by Interior Secretary David Bernhardt and later, as reported by The Hill, through "succession orders," with which Pendley gave himself the authority to remain the temporary leader of the agency.

  The Hill

How very Trumpian.

Interior spokesperson Conner Swanson said in an email that the department will be appealing the decision "immediately."

Of course they will, but not before they're sure they get another Trump nominee on the SCOTUS bench.

After Bullock and environmental groups filed separate suits over Pendley's appointment, President Trump did formally appoint him to be BLM director.

However, the White House later withdrew his nomination. It was not clear whether the Senate would have voted to confirm him, particularly as several Republican senators from states containing a lot of public land face tough reelection bids.

[...]

An initial Interior statement said that Pendley would continue to lead the bureau, but Swanson later clarified that the department would follow the court order unless it's overturned by a higher court.

The court said that unless the president temporarily uses powers under the Federal Vacancies Reform Act to fill the role, only Bernhardt can carry out the duties of the BLM director.

It also said that certain decisions made by Pendley, including the issuance of some resource management plans, "would have no force and effect and must be set aside as arbitrary and capricious."

...but hey, do what you want...you will anyway.