A federal judge ruled Friday that the Trump administration’s public lands chief has illegally been working in his post without being confirmed by the Senate and blocked him from continuing in the position.
William Perry Pendley had been overseeing the Bureau of Land Management for 424 days without Senate confirmation.
“The President cannot shelter unconstitutional ‘temporary’ appointments for the duration of his presidency through a matryoshka doll of delegated authorities,” said U.S. District Court Judge Brian Morris of Montana in his ruling.
The decision could have political ramifications. The suit was filed by Montana’s Democratic Gov. Steve Bullock, who is running in a tight Senate race to unseat Republican incumbent Steve Daines.
“Today’s ruling is a win for the Constitution, the rule of law, and our public lands,” Bullock tweeted Friday. “Montanans can rest easy knowing that National Public Lands Day will begin with William Perry Pendley packing his desk and vacating the Director’s Office.”
The White House early this summer had nominated Pendley to be confirmed by the Senate to be the BLM director officially. But the White House withdrew the nomination earlier this month after fierce backlash from Democrats and environmentalists because of his longtime support for the government selling off federal lands and because he has questioned the scientific consensus on climate change.
The Trump administration’s decision to nominate Pendley had seemed like an unforced error because it would have forced a tough vote for Daines and another vulnerable Republican, Sen. Cory Gardner of Colorado, in a Western state where outdoor recreation on public lands is popular.
But the Interior Department, which oversees the land management bureau, had indicated Pendley would continue to serve in his current capacity, spurring calls from Democrats to remove him from that role.
