{"id":3572,"date":"2021-03-12T18:11:08","date_gmt":"2021-03-12T18:11:08","guid":{"rendered":"https:\/\/live-journal-of-law-and-public-policy.pantheonsite.io\/?p=3572"},"modified":"2021-03-12T18:11:08","modified_gmt":"2021-03-12T18:11:08","slug":"rep-haalands-historic-nomination-diving-into-the-department-of-everything-else","status":"publish","type":"post","link":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/2021\/03\/12\/rep-haalands-historic-nomination-diving-into-the-department-of-everything-else\/","title":{"rendered":"Rep. Haaland\u2019s Historic Nomination: Diving into the \u201cDepartment of Everything Else\u201d"},"content":{"rendered":"\n

(Source<\/a>)<\/p>\n\n\n\n

The recent weeks have brought fear and speculation to a largely anonymous and indistinct Department. President Biden nominated Representative Deb Haaland<\/a> of New Mexico as his pick for Secretary of the Department of Interior. If appointed by the Senate, Haaland would become the first Native American<\/a> to ever hold this position \u2013 an event long overdue, as the Department oversees the Federal government\u2019s trust obligation<\/a> to Native American nations. Haaland, a citizen of the Pueblo of Laguna, already shares a historic title with Representative Sharice Davids as the first Native American congresswomen<\/a>. This time, Haaland\u2019s historic moment is met with fierce opposition urging Biden to withdraw<\/a> the nomination. Although cabinet nominees have been contested in the past, no Secretary of the Interior has ever been rejected<\/a> by the Senate. The Biden Administration has yet to comment on the opposition to the nomination, but has already taken executive actions aligned with Haaland\u2019s<\/a> environmental attitude, such as the sixty-day ban<\/a> on oil and gas leases and drilling permits. While the dates for her confirmation remain up in the air<\/a>, the growing opposition<\/a> begs the question: why all the fuss? <\/p>\n\n\n\n

The\nDepartment of the Interior\u2019s National Role<\/em><\/strong><\/p>\n\n\n\n

In 1849, Congress created the Department<\/a> and transferred oversight of the Nation\u2019s physical internal affairs to\nthe Secretary, its officers, and employees. Referred to as \u201cthe Department of Everything Else<\/a>,\u201d the Department became the primary executive\nagency responsible for domestic affairs, and \u201cthe\ninternal development of the Nation.\u201d<\/a> Federal public lands, patents, military pensions, Native American\nrelations, the census, and public buildings all fell under the purview of the Department.\nHowever, as agency organization developed, many of these important national\ninterests fell away, delegated<\/a> instead\nto the Department of Agriculture, the Department of Commerce, and the\nDepartment of Education, among others. <\/p>\n\n\n\n

Today, many Americans regard the Department of the Interior as the caretaker of National Parks, but the Department manages much more than Yosemite and Yellowstone. There are nine<\/a> major bureaus that fall under the Department. These nine bureaus cover everything from the safety and regulation of American energy production<\/a> to \u201cenhanc[ing] conservation stewardship\u201d of federal lands<\/a>. In addition, the Department is also responsible for maintaining Federal-Tribal relations through the Bureau of Indian Affairs<\/a>. <\/p>\n\n\n\n

Promoting energy\nproduction often conflicts with the Department\u2019s duty of honoring treaties with\nIndigenous people. Recent events in North Dakota evidence the tension. The Department,\nalong with the Environmental Protection Agency and the Army Corp of Engineers,\nprovided permits for the building of the Dakota\nAccess Pipeline<\/a>. Native\nAmerican water protectors gathered for\nprayer and protest of the pipeline and were met with military force<\/a>. A legal suit<\/a> followed, resulting in the temporary halt of construction due to an\nincomplete environmental impact analysis.<\/p>\n\n\n\n

 Other similar events occurred under Former Secretary\nof the Interior Ryan Zinke.  Following former\nPresident Trump\u2019s \u201cenergy-forward\u201d agenda, Zinke oversaw the largest reduction<\/a> in land protected under the Antiquities Act\u2019s National Monuments list<\/a>. Among those reduced areas was Bears Ears National Monument<\/a>, which lies at the\nnorthern border of the Navajo Nation reservation. Bears Ears holds countless sacred sites<\/a> with cultural ties to several tribes, including the Navajo Nation,\nHopi, and Ute. Zinke\u2019s policies turned a blind eye to conservation efforts<\/a>, and set off three lawsuits<\/a> involving tribal nations and conservation groups. <\/p>\n\n\n\n

Though many criticize<\/a> Zinke for his secretarial actions, he was simply carrying out the role\nthat the President<\/a> and electors expected him to. The Administrative Procedure Act<\/a> (\u201cAPA\u201d) requires all executive agencies,\nincluding the DOI, \u201cto aid the President in carrying out the President\u2019s\nconstitutional and statutory responsibilities<\/a>.\u201d In addition, Congress provides<\/a> limited powers to agencies through enabling statute<\/a>s which create agencies and identify their regulatory powers. <\/p>\n\n\n\n

Although the idea\nbehind enabling statutes is to delimit agency powers<\/a>, courts often permit agencies to use these powers with broad discretion<\/a>. For example, if an enabling act grants an agency the powers to\nregulate but is silent or ambiguous<\/a> as to how to carry out regulations, the agency\u2019s actions might receive Chevron <\/em>deference<\/a> if litigated. So long as the agency\u2019s action\nis permissible under the enabling statute\u2019s scope<\/a>, a court would not interfere. Finally, from\ntime to time, Congress creates statutes that require an agency to take a more\ndirect role in areas that are under the purview of their enabling statutes,\nlike the Clean Water Act<\/a> and the Environmental Policy Protection Act<\/a>. <\/p>\n\n\n\n

Under the direction of\nFormer President Trump, Zinke carried out policies that, though often\nchallenged, were largely permissible under the Act of March 3, 1849<\/a>, the Department\u2019s\nenabling statute, and other congressional acts involving the Department, like\nthe Endangered Species Act<\/a>.<\/p>\n\n\n\n

The Future\nof the DOI<\/em><\/strong><\/p>\n\n\n\n

President Biden\u2019s\nunapologetic climate action plans<\/a> cry out for a Secretary that will faithfully carry out his domestic climate policies<\/a>. Deb Haaland is a natural fit. Not only will she be making\nhistory as the first Native American Secretary, but perhaps the most outwardly\nprogressive one as well. Haaland was an original co-sponsor of the Green New Deal<\/a> and has publicly supported a ban on fracking<\/a>. Her home state, where she is known as a fossil fuel-independent lawmaker<\/a>, leads the country with one of the most aggressive climate action plans<\/a>. The Biden-Harris transition team expect her\nto use her leadership and experience to \u201cfight for a clean energy future<\/a>.\u201d <\/p>\n\n\n\n

It is no surprise that Haaland\u2019s vision of a renewable energy-focused future<\/a> placed her in the line of fire shortly after her\nnomination. Fifteen GOP members<\/a>, led by Minnesota\u2019s Representative Pete Stauber<\/a>, have attacked Haaland\u2019s nomination for her political ideologies being at\nodds with past administrations. In a letter<\/a>\naddressed to President Biden, Republican representatives show that they fear that\nthe Green New Deal<\/a> and its implementation will come at the cost of job and revenue loss<\/a> from the oil and gas sector. Still, the letter<\/a> fails\nto address any imminent or future actions Haaland plans to take in her new\nrole.  <\/p>\n\n\n\n

As a cabinet member,\nSecretary of the Interior answers directly to the President<\/a>. The Secretary\u2019s job description might be vague<\/a> \u2013 to direct and supervise<\/a> land\nmanagement and conservation efforts, regulate energy production, and work with\ntribal communities<\/a> \u2013 but\nPresident Biden has already set in motion many projects<\/a> for the Secretary. For example, President Biden\u2019s climate action plan\nincludes a national net zero goal by 2050<\/a>. A recent Princeton University study<\/a> lays out how the President can accomplish this<\/a>, and the Secretary will play an integral role.\nIf successful, the Department\u2019s energy sector oversight would dramatically shift from coal and oil to wind and solar<\/a>. First, though, we should expect Haaland to\ntake on the Trump administration\u2019s rollbacks to the National Environmental Policy Act<\/a> and the Endangered Species Act<\/a>. <\/p>\n\n\n\n

With little delay in President Biden\u2019s climate efforts<\/a> and confirmation hearing dates yet to be set<\/a>, we can expect a steady rate of change from the Department of the\nInterior after confirmation. But, the history of the Department<\/a> suggests that Haaland will need to strike a balance between the\nfears and expectations of her critics<\/a> and the high hopes of her supporters<\/a>. <\/p>\n\n\n\n

\"\"<\/figure>
\n

About the Author: Emily Harwell is a Mvskoke (Creek) tribal member and a 2L at Cornell Law School. Emily is the President of Cornell\u2019s Native American Law Student Association. In the summer of 2020, Emily clerked at the Native American Rights Fund (“NARF”) where she worked on Native American voting rights litigation. Emily is interested in research topics related to the intersection of Federal Indian Law, federal policy, and civil litigation.<\/p>\n<\/div><\/div>\n\n\n\n

Suggested Citation: Emily Harwell, Rep. Haaland\u2019s Historic Nomination: Diving into the \u201cDepartment of Everything Else”<\/em>, Cornell J.L. & Pub. Pol’y: The Issue Spotter (Mar. 12, 2021), https:\/\/live-journal-of-law-and-public-policy.pantheonsite.io\/rep-haalands-historic-nomination-diving-into-the-department-of-everything-else\/<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

(Source) The recent weeks have brought fear and speculation to a largely anonymous and indistinct Department. President Biden nominated Representative Deb Haaland of New Mexico as his pick for Secretary of the Department of Interior. If appointed by the Senate, Haaland would become the first Native American to ever hold this position \u2013 an event…<\/p>\n","protected":false},"author":1,"featured_media":3573,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[14,15,16,17,18,19,21,25,27,28],"tags":[450,466,847,879,1074,1261],"class_list":["post-3572","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-archives","category-authors","category-blog-news","category-certified-review","category-feature","category-feature-img","category-spotters","category-policycontributor-blogs","category-recent-stories","category-student-blogs","tag-deb-haaland","tag-department-of-interior","tag-interior-security","tag-jlpp","tag-native-representation","tag-public-lands"],"acf":[],"_links":{"self":[{"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/posts\/3572","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/comments?post=3572"}],"version-history":[{"count":0,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/posts\/3572\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/media\/3573"}],"wp:attachment":[{"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/media?parent=3572"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/categories?post=3572"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/tags?post=3572"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}