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Mandate for Leadership: The Conservative Promise
53. Alaska’s request for an injunction was denied. State of Alaska v. Carter, 462 F. Supp. 1155, 1156 (D. Alaska
1978) (NEPA does not apply to presidential proclamations under the Antiquities Act). Alaska’s lawsuit was
similar to one filed by Wyoming challenging use of the Antiquities Act to designate the Grand Teton National
Monument. Wyoming v. Franke, 58 F. Supp. 890 (D. Wyo. 1945). See generally Carol Hardy Vincent and
Kristina Alexander, “National Monuments and the Antiquities Act,” Congressional Research Service Report for
Congress, R41330, July 20, 2010, https://digital.library.unt.edu/ark:/67531/metadc813640/m2/1/high_res_d/
R41330_2011Aug22.pdf (accessed March 16, 2023). In December 1980, President Carter signed the Alaska
National Interest Lands Conservations Act; subsequently, during the Reagan Administration, Alaska dropped
its lawsuit.
54. Alaska National Interest Lands Conservation Act, Public Law 96–487 (codified as amended in scattered
sections of 16 U.S.C., 43 U.S.C., 48 U.S.C.), and Joseph J. Perkins, Jr., The Great Land Divided But Not
Conquered: The Effects of Statehood, ANCSA, and ANILCA on Alaska, Rocky Mountain Mineral Law Institute,
Vol. 34, Ch. 6, 1988, § 6.02.
55. U.S. Department of the Interior, 1983: A Year Of Enrichment: Improving The Quality Of Life For All Americans,
October 1983, p. 25, https://www.reaganlibrary.gov/public/digitallibrary/smof/publicliaison/blackwell/box-
006/40_047_7006969_006_022_2017.pdf (accessed March 16, 2023).
56. Ibid. The conveyances by the Reagan Administration to Alaska and Native Alaskans greatly exceeded the
amount of land transferred to each during the Carter Administration. See U.S. Department of the Interior,
1983: A Year Of Enrichment, pp. 86–87.
57. Federal Register, Vol. 36, No. 252 (December 31, 1971), pp. 25410–25412. “On December 28, 1971, ten days
after enactment of ANCSA, the Secretary of Interior through his Assistant Secretary issued Public Land Order
(PLO) 5150 which withdrew and reserved various federal public lands, subject to valid existing rights, as a
utility and transportation corridor for the Alaska oil pipeline. 36 Fed. Reg. 25410 (December 31, 1971). The land
order was issued ‘by virtue of the authority vested in the President and pursuant to Executive Order 10355 of
May 26, 1952 (17 Fed. Reg. 4831)….PLO 5150 established a corridor extending from the North Slope of Alaska
(Prudhoe Bay) south to Valdez on Prince William Sound.’” Wisenak, Inc. v. Andrus, 471 F. Supp. 1004, 1006 (D.
Alaska 1979).
58. Alaska Land Transfer Acceleration Act, Public Law 108–452.
59. Philip Elliott, “Biden May Be About to Sign Off on a Huge Alaska Oil Drilling Project,” Time, December 13, 2022,
https://time.com/6240733/biden-alaska-oil-drilling-willow-project/ (accessed March 16, 2023). A Biden
approval of the bare minimum three pads for ConocoPhillips disincentivized the ability of any other oil and
gas company to make the huge investment necessary to operate in NPRA.
60. Alaska Department of Natural Resources, Division of Mining, Land and Water, “Ambler Road Project,” https://
dnr.alaska.gov/mlw/ambler-road/ (accessed March 17, 2023).
61. U.S. Department of the Interior, Bureau of Land Management, Ambler Road: Environmental Impact Statement:
Vol. 1, March 2020, https://eplanning.blm.gov/public_projects/nepa/57323/20015364/250020506/Ambler_
FEIS_Volume_1-_Chp_1-3_&__Appendices_A-F_.pdf (accessed March 18, 2023).
62. 5 U.S. Code § 801(a)(1)(A).
63. U.S. Department of the Interior, “Master Memorandum of Understanding Between the Alaska Department
of Fish and Game, Juneau, Alaska and the U.S. National Park Service,” October 14, 1982; U.S. Department
of the Interior, “Master Memorandum of Understanding Between the Alaska Department of Fish and
Game, Juneau, Alaska and the U.S. Fish and Wildlife Survey,” March 13, 1982; and U.S. Department of the
Interior, “Master Memorandum of Understanding Between the Alaska Department of Fish and Game, Juneau,
Alaska and the Bureau of Land Management,” August 3, 1983, https://eplanning.blm.gov/public_projects/
lup/66967/84127/100727/Memorandum_of_Understanding_BLM_and_ADFG.pdf (accessed March 16, 2023).
64. Federal Register, Vol. 85, No. 210 (October 29, 2020), pp. 68668–68703.
65. Federal Register, Vol. 88, No. 18 (January 27, 2023), pp. 5252–5272.
66. E. Dinerstein et al., “A Global Deal For Nature: Guiding Principles, Milestones, and Targets,” Science Advances,
Vol. 5, No. 4 (April 19, 2019), https://www.science.org/doi/10.1126/sciadv.aaw2869 (accessed March 18, 2023).
67. Joseph R. Biden, “Tackling the Climate Crisis at Home and Abroad,” Executive Order 14008, https://www.
whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-
crisis-at-home-and-abroad/ (accessed March 17, 2023).
— 543 —
Department of the Interior
68. Karen Budd Falen, “Biden’s ‘30 By 30 Plan’: A Slap at American Private Property Rights,” Cowboy State Daily,
April 15, 2021, https://cowboystatedaily.com/2021/04/15/bidens-30-by-30-plan-a-slap-at-american-private-
property-rights/ (accessed March 16, 2023).
69. U.S. Department of the Interior, “Order No. 3396: Rescission of Secretary’s Order 3388, ‘Land and Water
Conservation Fund Implementation by the U.S. Department of the Interior,’” February 11, 2021, https://www.
doi.gov/sites/doi.gov/files/elips/documents/so-3396-signed-2-11-21-final.pdf (accessed March 17, 2021).
70. Ibid.
71. Associated Press, “Ute Indian Tribe Criticizes Biden’s Camp Hale Monument Designation,” KUER 90.1,
October 13, 2022.
72. William Perry Pendley, “Trump Wants to Free Up Federal Lands, His Interior Secretary Fails Him,” National
Review Online, September 25, 2017, https://www.nationalreview.com/2017/09/secretary-interior-ryan-zinke-
monuments-review-trump-executive-order-antiquities-act-environmentalists/ (accessed March 16, 2023).
73. The Oregon and California Revested Lands Sustained Yield Management Act of 1937, Public Law 75-405, 43
U.S. Code § 2601.
74. Ibid., and American Forest Resource Council v. Hammond, 422 F. Supp. 3d 184, 187 (D.D.C. 2019).
75. American Forest Resource Council v. Hammond, 422 F. Supp. 3d, pp. 187–188.
76. Federal Register, Vol. 55, No. 26 (June 26, 1990), p. 26114–26194.
77. Federal Register, Vol. 65, No. 114 (June 13, 2000), pp. 37249–37252.
78. Federal Register, Vol. 82, No. 11 (January 18, 2017), pp. 6145–6150.
79. American Forest Resource Council v. Hammond, 422 F. Supp. 3d 184 (D.D.C. 2019).
80. U.S. Department of the Interior, “Final Consent Decrees/Settlement Agreements,” https://www.doi.gov/
solicitor/transparency/final (accessed March 16, 2023).
81. Michael Doyle, “Interior Order Erases Litigation Website,” E&E News, June 17, 2022, https://www.eenews.net/
articles/interior-order-erases-litigation-website/ (accessed March 16, 2023).
82. Rob Roy Ramey, On the Origin of Specious Species (Lexington Books 2012), pp. 77–97.
83. William Perry Pendley, “Killing Jobs to Save the Sage Grouse: Junk Science, Weird Science, and Plain
Nonsense,” Washington Times, May 31, 2012, https://www.washingtontimes.com/news/2012/may/31/killing-
jobs-to-save-the-sage-grouse/ (accessed March 16, 2023).
84. Michael Lee, “Wyoming’s Push to Delist Grizzly Bears from Endangered Species List Faces Opposition from
Anti-Hunting Group,” Fox News, January 21, 2022, https://www.foxnews.com/politics/wyoming-delist-grizzly-
endangered-species-list-opposition-anti-hunting-group (accessed March 18, 2023).
85. News release, “Trump Administration Returns Management and Protection of Gray Wolves to States and
Tribes Following Successful Recovery Efforts,” October 29, 2020, https://www.doi.gov/pressreleases/trump-
administration-returns-management-and-protection-gray-wolves-states-and-tribes (accessed March 18, 2023).
86. 50 Code of Federal Regulations §17, and Sean Paige, “‘Rewilding’ Will Backfire on Colorado,” The Gazette,
June 19, 2022, https://gazette.com/opinion/guest-column-rewilding-will-backfire-on-colorado/article_
d0016672-ed79-11ec-b027-abe62ba840a1.html (accessed March 18, 2023).
87. Madeleine C. Bottrill et al., “Is Conservation Triage Just Smart Decision Making?” Trends in Ecology & Evolution,
Vol. 23, No. 12 (December 2008), pp. 649–654, https://karkgroup.org/wp-content/uploads/Bottrill-et-al-2008.
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88. Rob Roy Ramey II, testimony before the Committee on Resources, U.S. House of Representatives, April 8, 2014,
https://naturalresources.house.gov/uploadedfiles/rameytestimony4_8.pdf (accessed March 16, 2023).
89. Surface Mining Control and Reclamation Act of 1977, Public Law 95–87.
90. Pennsylvania is the nation’s third-largest coal producer, and its state program was the model for SMCRA.
91. Federal Register, Vol. 85, No. 207 (October 26, 2020), pp. 67631–67635.
92. U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement, “Approximate Original
Contour,” INE–26, June 23, 2020, https://www.osmre.gov/sites/default/files/pdfs/directive1003.pdf (accessed
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93. Tim Gallaudet and Timothy R. Petty, “Federal Action Plan for Improving Forecasts of Water Availability,”
National Oceanic and Atmospheric Administration, October 2019, https://www.noaa.gov/sites/default/files/
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