New Civil Liberties Alliance Files Amicus Brief in U.S. v. Pheasant, Challenging BLM’s Legislative Power

In a groundbreaking legal battle, the New Civil Liberties Alliance has filed an amicus brief in the case of United States of America v. Gregory Pheasant, challenging the Bureau of Land Management’s authority to criminalize activities on public lands. Gregory Pheasant was charged with violating BLM rules for allegedly not using a taillight on his dirt bike at night on federal land in Nevada.

The federal district court dismissed the charges, ruling that Congress unconstitutionally delegated legislative power to the BLM to criminalize activities on BLM-managed lands. The NCLA is urging the U.S. Court of Appeals for the Ninth Circuit to uphold this decision, arguing that only Congress has the power to define crimes, not administrative agencies like the BLM.

According to the NCLA, Congress giving the BLM complete authority to criminalize activities on public lands violates the Vesting Clause of the Constitution, which reserves all legislative authority for Congress. The NCLA argues that allowing unelected bureaucrats to define crimes undermines democratic accountability and deprives Americans of their freedom to govern themselves through elected representatives.

Kara Rollins, Litigation Counsel at NCLA, stated, “The Bureau has no independent constitutional power to criminalize activity on its managed lands, nor could Congress provide such power to it.” John Vecchione, Senior Litigation Counsel at NCLA, added, “That more than 65% of the land in Nevada will have its criminal law imposed by bureaucrats in Washington with no democratic accountability is insupportable under our Constitution.”

For more information on the case and the NCLA’s stance, visit the amicus page here. The NCLA is a nonpartisan, nonprofit civil rights group founded to protect constitutional freedoms from violations by the Administrative State. Their advocacy aims to curb the unlawful power of state and federal agencies and restore Americans’ fundamental rights.