Lawsuit challenges Bernhardt's 'illegal' appointments

摘要

Interior Secretary David Bernhardt violated the Constitution and federal laws by reappointing acting directors to public lands agencies, a new federal lawsuit charges. The lawsuit targets Bernhardt's decision to add "exercising the authority of director" to the titles of Bureau of Land Management Deputy Director for Policy and Programs William Perry Pendley and National Park Service Deputy Director of Operations David Vela. The suit in part argues that Pendley and Vela cannot serve as de facto acting directors because neither has been confirmed by the Senate under the "advice and consent" provision in the Constitution. The complaint, filed in the U.S. District Court for the District of Columbia by two advocacy groups, names Bernhardt, Pendley and Vela as defendants. The Interior Department issued a statement today calling the lawsuit "baseless" and praising the "service" of Pendley and Vela to both agencies. The plaintiffs — Public Employees for Environmental Responsibility and Western Watersheds Project — warned Bernhardt last month that they would sue if he issued "illegal redelegations" keeping Pendley and Vela in the two Senate-confirmed positions. Bernhardt ignored the threat. Last week, he issued another amended secretarial order allowing Pendley and Vela to continue performing the duties of the directors of both agencies through June 5 (Greenwire, May 5). Along with arguing that the appointments violate the Constitution, the complaint argues that they also violate the Federal Vacancies Reform Act, invoked by Bernhardt in his orders, because the law caps the time an "acting" director can be in place "for up to 210 days." Pendley has been exercising authority of the director 287 days, Vela for 224 days.