March 7, 2025
Interior Secretary Doug Burgum has given another indication of how he plans to oversee public lands with the reported appointment of Karen Budd-Falen, a Wyoming property rights lawyer and rancher, as associate deputy Interior secretary, the departmentโs third in command. This will be Budd-Falenโs third stint at Interior: She worked under James Watt, Ronald Reaganโs notorious Interior secretary, and served as deputy Interior solicitor for wildlife and parks under the first Trump administration. Budd-Falen revealed the appointment to Cowboy State Daily this week, though the administration has yet to announce it.
Budd-Falen has spent much of her five-decade-long career fighting against federal oversight and environmental protections โ she has been called an โarchitect of the modern Sagebrush Rebellionโ โ and is a private property rights extremist (except when they get in the way of public lands grazing).
In 2011, Budd-Falen divulged her core philosophy โ and her distorted view of the U.S. Constitution โ in a keynote speech to a meeting of Oregon and California county sheriffs, many of who adhered to the โconstitutional sheriffโ creed. She told them that โthe foundation for every single right in this country, our freedom of speech, our freedom to vote, our freedom to petition, is all based on the right of ownership of private property.โ
While this is obviously a messed up interpretation, it is an honest reflection of her worldview, and she has often stuck with it even if it meant going after extractive interests. In the 1990s, for example, Budd-Falen represented the legendary, stalwart Republican-turned-anti-oil-and-gas activist Tweeti Blancett in her attempt to get the Bureau of Land Management to clean up the mess its industry-friendly ways had facilitated on and around her northwest New Mexico ranch. And Budd-Falenโs law firm often worked with landowners to get the best possible deal from energy companies that developed their property.
But more often than not, Budd-Falenโs vision of private property rights extends beyond a landownerโs property lines and onto the public lands and resources โ at the expense of the land itself, the wildlife that live there, and the people who rely upon it for other uses.
In a telling article in the Idaho Law Review in 1993, Budd-Falen and her husband, Frank Falen, argued that grazing livestock on public lands was actually a โprivate property rightโ protected by the Constitution. If you were to extend this flawed logic to oil and gas and other energy leases and unpatented mining claims, then corporations and individuals would have private property rights on hundreds of millions of acres of public lands. This may sound alarmist, but the fact is, the federal land management agencies often adhere to this belief. Once an oil and gas lease is issued, for example, a BLM field office is unlikely to deny a drilling permit for the lease, since doing so would be violating the companyโs private property rights. Who needs public land transfers when this sort of de facto privatization is commonplace?
Many of Budd-Falenโs cases relied on a similar argument: That private property rights can apply to public resources. She defended Andrew VanDenBerg, for example, who bulldozed a road across the Whitehead Gulch Wilderness Study Area in Coloradoโs San Juan Mountains to access his mining claim โ just one of many times she wielded RS-2477, the 160-year-old statute, to try to keep roads across public lands open to motorized travel and bulldozers. She represented big landowners who felt that they had the right to kill more big game โ a public resource โ than the law allowed, because they owned more acreage.
Budd-Falen was instrumental in crafting a slew of ordinances for Catron County, New Mexico, declaring county authority over federally managed lands and, specifically, grazing allotments. While the ordinances and resolutions focused on land use, they also contained language influenced by the teachings of W. Cleon Skousen, an extreme right-wing author, Mormon theologian, and founder of the National Center for Constitutional Studies, nรฉe the Freeman Institute, known for its bestselling pocket-size versions of the US Constitution.
The ordinances were โabout the legal authority of county governments and the legal rights of local citizens as regards the use of federal and state lands.โ They were intended to preserve the โcustoms and cultureโ of the rural West, which apparently included livestock operations, mining, logging, and riding motorized vehicles across public lands. And the Catron County commissioners were ready to turn to violence and even civil war to stop, in the words of the ordinance, โfederal and state agentsโ that โthreaten the life, liberty, and happiness of the people of Catron County โฆ and present danger to the land and livelihood of every man, woman, and child.โ The National Federal Lands Conference, a Utah-based organization launched in the late 1980s by Sagebrush Rebel Bert Smith, a contemporary and philosophical collaborator of Skousenโs, peddled similar ordinances to other counties around the West.
Budd-Falen has been especially antagonistic toward the Endangered Species Act, often representing clients hoping to reduce the lawโs scope or to water down its enforcement or applicability. In 2013, for instance, she filed an amicus brief in support of People for the Ethical Treatment of Property Ownersโ claim that the ESA should not apply to Utah prairie dogs because the speciesโ range was confined to one state. The property owners lost and the U.S. Supreme Court declined to hear the case.
Occasionally Budd-Falen has veered away from defending property rights, however, if it means keeping cows on public lands. After Bill Clinton designated Grand Staircase-Escalante National Monument in 1996, the Grand Canyon Trust bought out grazing allotments in the monument from willing sellers with the intention of retiring the permits for good. It was a win-win situation, one that allowed ranchers to bring in a pile of cash and maybe retire or move operations to a more cattle-appropriate area, and it protected sensitive areas from the ravages of grazing.
Nevertheless, Kane and Garfield County commissioners didnโt like the deal, mostly because they didnโt like the monument. So they sued to block the permit retirements, in an attempt to undercut the transactions, and Budd-Falen stepped in to represent them. She said she was trying to ensure the survival of the โcowboyโs Western way of life,โ apparently even if it was against the cowboysโ own wishes. โI think itโs important to keep ranchers on the land,โ she told the Deseret News. She definitely will not do anything to reform public lands grazing during her tenure, but then thatโs no different from any other administration so far, Republican or Democrat.
In the early 1990s Budd-Falen represented a number of southern Nevada ranchers โincluding Cliven Bundy โ in their beef with the feds over grazing in endangered desert tortoise habitat. Budd-Falen was quick to condemn the Bundysโ armed insurrection against the federal government when BLM rangers tried to remove their cows from public lands, where they had been grazing illegally for years. And she also spoke out against the Bundy-led armed takeover of the Malheur National Wildlife Refuge.
Still, one canโt deny that her work and words โ often hostile and aimed at environmentalists and federal land agencies โ provide an intellectual underpinning for the Bundy worldview. She is an alumni of the Mountain West Legal Foundation, the breeding ground for the Sagebrush Rebellion and Wise Use movement that helped launch the careers of Watt and Gale Norton, the Interior secretary under W. Bush. And in 2007 Budd-Falen told High Country Newsโs Ray Ring that her most important case was when she used RICO, and anti-racketeering law, to go after BLM agents who had cited her client for violating grazing regulations.
Her rhetoric outside the courtroom not only inflames, but also provides justification for those who may be inclined to take up arms against their purported oppressors. She has referred to federal land management agencies as โa dictatorshipโ wielding its โbureaucratic power โฆ to take private property and private property rights.โ She once made the spurious claim that โthe federal government pays environmental groups to sue the federal government to stop your use of your property.โ
Seems pretty crazy to put someone like that near the top of a federal land management agency, but then, thatโs par for the course for Trump and company.
The tally at Interior now includes, in addition to Budd-Falen:
- Interior Secretary Doug Burgum, whoย has close ties to oil tycoon Harold Hamm, and whoย suggestedย using โinhospitable or unoccupiedโ public lands to pay down the federal debt.
- BLM director Kathleen Sgamma,ย an oil and gas industry lobbyistย who has sued the agency she is now tapped to lead.
- Deputy Interior Secretary Katharine McGregor, who served the same position during the final year of Trumpโs first term, and was most recently the VP of Environmental Services at NextEra Energy in Florida.
The Grants and Mount Taylor area was ravaged by Cold War-era uranium mining and the wounds from the previous boom continue to fester. That include the remnants of Anaconda Minerals Companyโs Jackpile-Paguate Mine on Laguna Pueblo land, which was once the worldโs largest open-pit uranium mine, producing some 24 million tons of ore.
Miners were exposed to radioactive and toxic heavy metals daily, even spending their lunch breaks sitting on piles of uranium ore. Blasting sent tremors through the puebloโs adobe homes, and a cloud of poisonous dust drifted into the village of Paguate, just 2,000 feet from the mine, coating fruit trees, gardens, corn, and meat that was set out to dry. A toxic plume continued to spread through groundwater aquifers, and the Rio Paguate, a Rio Grande tributary, remains contaminated more than a decade after the facility became a Superfund site, despite millions of dollars in cleanup work. Laguna residents and former mine workers still suffer lingering health problems โ cancer, respiratory illnesses and kidney disease โ from the mine and its pollution.
Now the feds are saying approving new uranium mines in the same area is โmission critical.โ
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In December, the Biden administration began the process of halting new mining claims and mineral leasing for the next 20 years on 165,000 acres in the upper Pecos River watershed west of Santa Fe, New Mexico. This included holding meetings to gather public input on the plan. But the BLM canceled the first such meeting, scheduled for late February, and has not announced a new date, sparking fears that the new administration may be withdrawing plans for a mineral withdrawal.