Idaho joins multi-state effort urging Supreme Court review of federal land rulemaking authority

BOISE, ID — Raúl Labrador announced that Idaho has joined a coalition of states urging the U.S. Supreme Court to review a case challenging how federal agencies create and enforce criminal regulations on public lands.

According to a press release issued March 30, the state filed a legal brief in Pheasant v. United States, arguing that Congress improperly delegated its lawmaking authority to federal agencies, specifically the Bureau of Land Management (BLM).

The case stems from an incident in Nevada in which a man was cited for riding a dirt bike without a taillight on BLM-managed land. A federal district court initially dismissed the charges, finding that Congress had violated constitutional separation of powers by allowing the agency to define criminal conduct. That decision was later reversed by the Ninth Circuit Court of Appeals, and the case is now being considered for review by the Supreme Court.

In the brief, Idaho and a group of states argue that the Constitution assigns lawmaking authority to Congress and that delegating that power to federal agencies undermines accountability. The filing contends that allowing agencies to define criminal offenses breaks the connection between elected lawmakers and the public.

The states also raise concerns about the scope of BLM authority, noting that the agency manages roughly 245 million acres of public land nationwide. The brief states that regulations established by the agency can carry criminal penalties, including fines and jail time, and may cover a wide range of activities on federal land.

According to the filing, Idaho is particularly affected due to the amount of federally managed land within the state. The brief cites that BLM oversees a significant portion of land in the West, including areas within Idaho, where federal regulations can apply across large geographic regions.

The multi-state coalition supporting the petition includes attorneys general and officials from more than a dozen states, as well as the Arizona Legislature.

 

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