- Oct 17, 2011
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A federal judge on Friday ordered acting Bureau of Land Management Director William Perry Pendley to step aside, blocking him from exercising any more authority after finding that he has served unlawfully for more than 400 days.
The judge gave both sides of the case 10 days to file briefs about which of Pendley's orders must be vacated.
"Pendley has served and continues to serve unlawfully as the Acting BLM Director," Morris wrote in his opinion. "His ascent to Acting BLM Director did not follow any of the permissible paths set forth by the U.S. Constitution or the (Federal Vacancies Reform Act). Pendley has not been nominated by the President and has not been confirmed by the Senate to serve as BLM Director."
Morris wrote that, by law, the position of Bureau of Land Management director is required to be confirmed by the Senate. The Trump administration argued that Pendley did not officially have the title of acting director, so the requirement does not apply.
If he's not the acting director, what's his title? Coffee boy? Why is he issuing orders? Under what authority? The king's?
The judge gave both sides of the case 10 days to file briefs about which of Pendley's orders must be vacated.
"Pendley has served and continues to serve unlawfully as the Acting BLM Director," Morris wrote in his opinion. "His ascent to Acting BLM Director did not follow any of the permissible paths set forth by the U.S. Constitution or the (Federal Vacancies Reform Act). Pendley has not been nominated by the President and has not been confirmed by the Senate to serve as BLM Director."
Morris wrote that, by law, the position of Bureau of Land Management director is required to be confirmed by the Senate. The Trump administration argued that Pendley did not officially have the title of acting director, so the requirement does not apply.
If he's not the acting director, what's his title? Coffee boy? Why is he issuing orders? Under what authority? The king's?