February, 11 2020, 11:00pm EDT
For Immediate Release
Contact:
Yetta Stein, Communications Associate
Western Values Project
yetta@westernvaluesproject.org
(406) 529-1682
With Subpoena Power Granted, Interior's Culture of Corruption Poised to Face Tough Questions
The BLM Move Remains Unexplained, Unjustified, and Recklessly Destructive
WASHINGTON
Today, with Interior Secretary Bernhardt's Department consistently embroiled in conflicts of interest and questionable ethical conduct, the House Natural Resources Committee (HNRC) granted Chairman Raul Grijalva (D-Ariz.) the power to subpoena Interior in order to force the agency to turn over critical documents.
"The Trump administration has time and again shown its true colors: corporations and special interests first, the American people second. But the culture of corruption at Interior has run particularly rampant under former mega-lobbyist Interior Secretary David Bernhardt and the anti-public land zealots he's hired," Jayson O'Neill, Deputy Director of Western Values Project said. "Congress has demanded answers about the reckless BLM move time and again only to be stonewalled. Now, Secretary Bernhardt's attempt to cover up the dismantling of this critical public lands bureau so it will better serve the Trump administration's special interest allies will be revealed."
With the ability to subpoena Interior, HNRC has previewed its intention to get to the bottom of the controversial Bureau of Land Management (BLM) move West. Below are seven questions that subpoenas could help answer.
- Did the agency conduct a formal cost-benefit analysis of moving the BLM Headquarters to Grand Junction and reassigning other personnel to state offices? The only known analysis of the move is a mere two pages long. The provided document fails to address a host of key factors including relocation costs per employee, inevitable increased travel costs, potential impacts on agency functionality, as well as any cheaper alternatives. The document ultimately "does little to back the agency's reasoning" for the move. The new headquarters has also already proved problematic for BLM law enforcement personnel and is expected to cause many others.
- What was the role of White House Chief of Staff Mick Mulvaney in pushing for the BLM reorganization after saying it was a way to get career staff to quit? After Mick Mulvaney stated that relocating career employees would force them to quit, it was clear the BLM's brain-power would suffer. So far, the relocation is causing a "major brain drain", as career staff - whose expertise and integrity have previously stood in the way of Trump's giveaway to special interests - are choosing to resign from the bureau rather than relocating and uprooting their entire lives.
- What terms and incentives were BLM employees really offered to relocate, and are they still available to employees? How many BLM employees have actually committed to moving to Western state offices and where? Has the agency been successful at recruiting high-quality candidates to work at the new Grand Junction headquarters? After Interior employees who transferred were warned that they "should expect a drop in their overall pay," it's unclear why any BLM employee would choose to relocate. Interior initially approved bonus payments to employees willing to relocate. But employees may be transferred without receiving these bonuses.
BLM is expected to lose "the majority" of its DC-based employees, but so far, the agency has refused to release official information about the number of employees who are relocating, transferring to other DC-based bureaus, or leaving the agency. While Acting BLM Director Pendley claims that as many of two-thirds of employees have agreed to relocate, sources told E&E News that as many as 80% of DC staffers will not be relocating. Further, BLM has had trouble finding qualified candidates willing to move to Grand Junction, as well as to other state offices. So far the bureau has been unable to fill more than half of senior leadership positions located in the new Grand Junction headquarters.
- Were impacts on the diversity and inclusiveness of the BLM discussed before going forward with the move? The decision to relocate BLM will likely decrease diversity and likely open the agency to discrimination lawsuits. Meanwhile, Acting BLM Director Pendley touts a troubling history on civil rights, diversity, and inclusion.
- Why were some BLM staff from state offices temporarily reassigned to work at the new headquarters in Grand Junction? What was the cost of this temporary reassignment to taxpayers? BLM employees have been temporarily reassigned to the agency's new headquarters to "give the appearance" it is "occupied and busy." Temporary reassignments have been seen as "a waste of time at best and a waste of taxpayer resources at worst."
- Did Interior or BLM leadership communicate with representatives of the oil and gas corporations and special interest groups with which they now share a building before the lease was signed? After Interior signed a lease for the BLM's new office space, it quickly became clear that the agency would be co-located with several extractive corporations and special interests, including Chevron, Laramie Energy, and the Colorado Oil and Gas Association. Given Interior's previous attempts at accomplishing the to-do lists of industry allies, the office location is suspect and deserves scrutiny.
- Who offered Colorado Senator Cory Gardner the platform to announce the BLM relocation and why? The first to announce the BLM's official relocation? Colorado Senator Cory Gardner. Gardner's announcement came as other members of Congress, notably members of House Natural Resources and House Appropriations, remained in the dark about the decision.
Sen. Gardner seems to be the loudest spokesperson for the move: when asked for details about the number of positions being relocated to each state, an Interior official even referred a reporter to Gardner's website.
Western Values Project brings accountability to the national conversation about Western public lands and national parks conservation - a space too often dominated by industry lobbyists and their allies in government.
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The human rights group's report comes less than a month after a special U.N. committee said that the Israeli military's actions in the Gaza Strip—including the obstruction of humanitarian aid and targeted attacks on civilians—bear "the characteristics of genocide."
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Callamard called on nations continuing to provide military support for Israel's assault, including the United States, to cease arms transfers immediately, as they are "violating their obligation to prevent genocide and are at risk of becoming complicit in genocide."
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"Governments must stop pretending they are powerless to end this genocide, which was enabled by decades of impunity for Israel's violations of international law," she added. "States need to move beyond mere expressions of regret or dismay and take strong and sustained international action, however uncomfortable a finding of genocide may be for some of Israel's allies."
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The CBO report was published as congressional Republicans continued to map out their legislative agenda before taking control of both chambers in January. The Associated Pressreported earlier this week that "in preparation for Trump's return, Republicans in Congress have been meeting privately for months and with the president-elect to go over proposals to extend and enhance those tax breaks, some of which would otherwise expire in 2025."
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Attorneys who argued against Tennessee's ban on gender-affirming healthcare at the U.S. Supreme Court on Wednesday expressed hope that the court's nine justices will take "the opportunity to affirm the essential freedom and equality of all people before the law," while reports indicated that the right-wing majority is inclined to uphold the ban.
"Every day this law inflicts further pain, injustice, and discrimination on families in Tennessee and prevents them from receiving the medical care they need," said Lucas Cameron-Vaughn, staff attorney at the ACLU of Tennessee, which represented three families and a physician. "We ask the Supreme Court to commit to upholding the promises of the U.S. Constitution for all people by putting an end to Tennessee's state-sanctioned discrimination against trans youth and their families."
The law, S.B. 1, which was passed in March 2023, bars medical providers from prescribing puberty-delaying medications, other hormonal treatment, and surgical procedures to transgender minors and youths with gender dysphoria.
The Supreme Court case, United States v. Skrmetti, applies only to the ban on puberty blockers and hormonal therapy for minors; a lower court found the plaintiffs did not have legal standing to challenge the surgery ban.
The ACLU, the ACLU of Tennessee, Lambda Legal, and a law firm were joined by the Biden administration in arguing that Tennessee allows doctors to prescribe puberty blockers and other hormonal treatments for youths with congenital defects, early puberty, diseases, or physical injuries.
As such, said the plaintiffs, Tennessee's ban for transgender and nonbinary youths violates the U.S. Constitution's 14th Amendment, which guarantees equal treatment under the law.
"My heart—and the heart of every transgender advocate fighting this fight—is heavy with the weight of what these laws mean for people's everyday lives."
The court's three liberal justices—Justices Sonya Sotomayor, Elena Kagan, and Ketanji Brown Jackson—all indicated they believed Tennessee has tried to classify people according to sex or gender with the law.
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Matthew Rice, the lawyer representing Tennessee in the case, claimed the state simply wants to prevent "regret" among minors, and the court's six conservative justices signaled they were inclined to allow Tennessee to ban the treatments—which are endorsed by the American Academy of Pediatrics and other top medical associations.
Chief Justice John Roberts said the nine justices should not overrule the decision made by lawmakers representing Tennessee residents, considering there is debate over the issue, and pointed to changes some European countries have made to their gender-affirming care protocols for minors.
Representing the Biden administration, U.S. Solicitor General Elizabeth Prelogar acknowledged that there has been debate about gender-affirming care in the U.S. and abroad, but pointed out that countries including the U.K. and Sweden have not outright banned treatment.
"I think that's because of the recognition that this care can provide critical, sometimes lifesaving benefits for individuals with severe gender dysphoria," she said.
Following the arguments, plaintiff Brian Williams, who has a 16-year-old daughter in need of gender-affirming care, addressed supporters who had assembled outside the Supreme Court.
"Tennessee's ban on gender-affirming medical care is an active threat to the future my daughter deserves," said Williams. "It infringes not only on her freedom to be herself but on our family's love for her. We are not expecting everyone to understand everything about our family or the needs of transgender young people like our daughter. What we are asking for is for her freedom to be herself without fear. We are asking for her to be able to access the care she needs and enter adulthood knowing nothing is holding her back because of who she is."
Sotomayor said there is "very clear" evidence "that there are some children who actually need this treatment."
A 2022 study led by researchers at the University of Washington found that transgender and nonbinary youths aged 13-20 were 60% less likely to experience moderate or severe depression and 73% less likely to be suicidal after receiving gender-affirming care.
Prelogar asked the justices to "think about the real-world consequences of laws like S.B. 1," highlighting the case of a plaintiff identified as Ryan Roe.
Roe had such severe gender dysphoria that "he was throwing up before school every day," said Prelogar. "He thought about going mute because his voice caused him so much distress. And Ryan has told the courts that getting these medications after a careful consultation process with his doctors and his parents, has saved his life."
"But Tennessee has come in and categorically cut off access to Ryan's care," she added. "This law harms Ryan's health and the health of all other transgender adolescents for whom these medications are a necessity."
Tennessee is home to about 3,100 transgender teenagers, and about 110,000 transgender youths between the ages of 13-17 live in the 24 states where gender-affirming care is restricted.
More than 20 states have laws that could be impacted by the court's ruling in United States v. Skrmetti.
"My heart—and the heart of every transgender advocate fighting this fight—is heavy with the weight of what these laws mean for people's everyday lives," said Chase Strangio, co-director of the ACLU's LGBTQ & HIV Project. "But I also know that every out trans person has embraced the unknown in the name of living free from shame or the limits of other people's expectations."
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A ruling in the case is expected in June.
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