The State of Colorado, through the Department of Natural Resources, filed a federal lawsuit Friday against the Bureau of Land Management’s resource management plan for the Uncompahgre Field Office.

The lawsuit challenges the approval of the plan which dictates land use activities, including mineral extraction, on federal lands throughout five southwestern Colorado counties.

“In Colorado, our public lands are critical to our quality of life and economy,” said Attorney General Phil Weiser. “The Bureau of Land Management has taken a series of illegal actions in developing the resource management plan that harms and conflicts with our state’s policies.”

The complaint submitted by the Department of Natural Resources said the plan “fails to adequately conserve and protect the State’s wildlife and natural resources.”

Though the plan was finalized in April 2020, the Department of Natural Resources first protested it in July 2019. At that time, Gov. Jared Polis also argued that the plan was inconsistent with state policies.

“The final Uncompahgre (plan) runs counter to Colorado’s goals to protect sensitive habitat for big game species and other wildlife, and reduce greenhouse gas emissions,” said Dan Gibbs, executive director of the Department of Natural Resources.

The complaint alleges that BLM Deputy Director William Pendley violated the Federal Vacancies Reform Act by resolving the Department of Natural Resources’ protests since Pendley was unlawfully serving as acting director.

Under the Federal Vacancies Reform Act, protests can only be resolved by the Secretary of Interior, a U.S. Senate-approved BLM director or an acting director nominated by the President.

Pendley was appointed by Secretary David Bernhardt without review by the U.S. Senate and his position has surpassed the 90-day limit for temporary officials, the complaint said.

“The unfortunate fact is that if the Trump Administration had followed the law in appointing a Senate-confirmed nominee to lead the U.S. Bureau of Land Management, Colorado and other western states would not be in this predicament,” Polis said.

“It is now Colorado communities and the State of Colorado who face unnecessary uncertainty and potential impacts to local recreation and outdoor industry jobs.”

This lawsuit comes after a federal lawsuit in Montana resulted in a ruling that invalidated two resource management plans and one plan amendment approved by Pendley.

The State of Colorado, through the Department of Natural Resources, filed a federal lawsuit Friday against the Bureau of Land Management’s resource management plan for the Uncompahgre Field Office.

The lawsuit challenges the approval of the plan which dictates land use activities, including mineral extraction, on federal lands throughout five southwestern Colorado counties.

“In Colorado, our public lands are critical to our quality of life and economy,” said Attorney General Phil Weiser. “The Bureau of Land Management has taken a series of illegal actions in developing the resource management plan that harms and conflicts with our state’s policies.”

The complaint submitted by the Department of Natural Resources said the plan “fails to adequately conserve and protect the State’s wildlife and natural resources.”

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Though the plan was finalized in April 2020, the Department of Natural Resources first protested it in July 2019. At that time, Gov. Jared Polis also argued that the plan was inconsistent with state policies.

“The final Uncompahgre (plan) runs counter to Colorado’s goals to protect sensitive habitat for big game species and other wildlife, and reduce greenhouse gas emissions,” said Dan Gibbs, executive director of the Department of Natural Resources.

The complaint alleges that BLM Deputy Director William Pendley violated the Federal Vacancies Reform Act by resolving the Department of Natural Resources’ protests since Pendley was unlawfully serving as acting director.

Under the Federal Vacancies Reform Act, protests can only be resolved by the Secretary of Interior, a U.S. Senate-approved BLM director or an acting director nominated by the President.

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Pendley was appointed by Secretary David Bernhardt without review by the U.S. Senate and his position has surpassed the 90-day limit for temporary officials, the complaint said.

“The unfortunate fact is that if the Trump Administration had followed the law in appointing a Senate-confirmed nominee to lead the U.S. Bureau of Land Management, Colorado and other western states would not be in this predicament,” Polis said.

“It is now Colorado communities and the State of Colorado who face unnecessary uncertainty and potential impacts to local recreation and outdoor industry jobs.”

This lawsuit comes after a federal lawsuit in Montana resulted in a ruling that invalidated two resource management plans and one plan amendment approved by Pendley.