In March 2017, Interior Secretary Ryan Zinke created the Royalty Policy Committee comprised of industry insiders and campaign donors to advise the Bureau of Land Management on the royalties generated from federal leasing of public mineral deposits. The Committee’s priority is crafting royalty policy that best serves the needs of the fossil fuels industry, and it’s stacked with representatives of companies that will benefit from lower barriers to leasing, particularly reduced fees for resource extraction and less stringent environmental reviews. We filed suit on behalf of the Western Organization of Resource Councils to stop it.

The Committees has operated in secret to advance industry interests. The RPC has violated federal transparency laws by failing to appropriately disclose the timing of its subcommittee meetings; failing to disclose the materials used by the Committee and its subcommittees; and limiting the public’s ability to address the Committee. But under the Federal Advisory Committee Act (FACA), agency membership of advisory committees like the RPC must be transparent, free of conflicts of interest, and composed of representatives of other stakeholders in public minerals, such as the communities who cope with the environmental degradation associated with leasing.

We filed suit against Secretary Zinke and the Department of the Interior on behalf of communities who advocate for sustainable leasing policy. We’re asking the Court to declare that the Committee is unlawful and require Secretary Zinke and the Department to comply with the law. We also sought emergency relief to open the Committee’s proceedings to the public and to add more diverse membership to the Committee.

March 29, 2017

Secretary Zinke chartered the new Royalty Policy Committee.

The Committee was announced to the public on April 3, 2017.

February 28, 2018

The Royalty Policy Committee held a full committee meeting.

In this meeting, Committee members proposed and approved dozens of recommendations designed to benefit industry. These recommendations were made to Secretary Zinke over the objections of the public.

June 6, 2018

The Royalty Policy Committee held a second committee meeting, at which it did the same thing.

August 7, 2018

We filed suit on behalf of the Western Organization of Resource Councils (WORC).

WORC represents landowners, ranchers, and conservationists whose interests and livelihood are affected by increased federal leasing, and who benefit from full and fair royalties paid by the extractive industry. WORC and similar organizations have been shut out of the Committee’s membership deliberations.

November 28, 2018

We moved for a preliminary injunction against the Department, seeking to halt Committee business until Secretary Zinke complies with the law.

January 24, 2019

The court rejected the Trump administration’s attempt to dismiss our lawsuit.

In a partial denial of the administration’s motion to dismiss, the court is requiring the administration to explain why the public interest is served by delegating development of public lands and minerals policy to the fossil fuels industry. The administration must now demonstrate that the full RPC is not rubber stamping subcommittee recommendations harmful to ranchers, landowners, taxpayers, or conservationists. The administration must also show that it has released all materials generated for or by the full Committee.

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Travis Annatoyn

Senior Counsel

Litigating against the unfaithful application of the nation’s environmental laws.

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Allison Hunn

Legal Analyst

Focusing on education, the environment, energy, agriculture, housing, and transportation.

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Aman George

Legal Policy Director

Former law firm associate working with the policy team to identify high impact legal actions.

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