A potential rollback of Biden-era restrictions on Powder River Basin coal development is close, pending presidential approval. Congressional Republicans aim to remove limitations using the Congressional Review Act, a move that experts warn may disrupt the Bureau of Land Management’s (BLM) authority over public land management.
On November 19, Sen. Steve Daines, R-Montana, supported revoking the BLM Miles City Field Office resource management plan (RMP), arguing the Biden administration neglected state leaders’ pro-coal stance. Daines stated, “The Biden BLM’s land use planning process was weaponized to push radical, anti-energy policies.” His bill to overturn the anti-coal RMP awaits presidential signing.
However, Sen. Martin Heinrich, D-New Mexico, cautioned about potential widespread impacts. “You could literally see every permit — outdoor recreation, oil and gas, grazing — called into question because of some of these CRA activities,” he noted, echoing legal experts’ concerns of nationwide destabilization.
The contested Miles City RMP excluded 1.7 million acres in Montana from coal leasing. A similar RMP in Wyoming’s Buffalo region restricted 481,000 acres, affecting potential coal production. The removal of Montana’s RMP has received support from local officials, including Governor Greg Gianforte.
Despite this backing, the implications of using the Congressional Review Act remain debated. A letter signed by 30 law professors warned that doing so could invalidate future RMPs unless explicitly authorized by Congress. National Mining Association President Rich Nolan sees potential benefits, noting that rules nullified by the Act “may not be reissued in substantially the same form.”
Previous RMPs, like the 2015 plan, were invalidated in court for not balancing energy development with environmental concerns. Legal scholars suggest that without congressional approval, implementing new RMPs could be legally precarious. Wild Montana’s federal policy director, Aubrey Bertram, expressed concern that overturning RMPs risks creating an invalidation precedent for other plans developed since 1996.
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