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Citing concerns about the separation of powers between the legislative and executive branches, Gov. Mark Gordon on Friday afternoon approved a bill that would allocate $75 million to lawmakers to litigate the federal government over land-use planning. exercised the right of veto.
Senate File 13 – Federal Land Use Plan – The authorized legal action spurs the state’s ongoing battle over the Bureau of Land Management’s draft resource management plan for 3.5 million acres in southwestern Wyoming. But confronting the federal government in court, even if necessary, is not a lawmaker’s job, Gordon said in his veto letter.
“I respect Congress’ concerns, but this bill fails to overcome the fact that it is a clear attempt to cross, blur, and trample the dividing line between equal but separate government agencies.” the governor said.
Gordon’s reasoning should come as no surprise to lawmakers. As the bill progressed through the legislative process, much of the debate centered on its constitutionality.
“Our job is to make laws, that’s our job. The executive branch, their job is to enforce those laws. And the judicial branch, their job is to enforce those laws. [job] It’s about interpreting the law,” attorney Rep. Barry Crago (R-Buffalo) told the House Agriculture, States, Public Lands, and Water Resources Committee last month. “That’s why I oppose this particular bill, because we could be overstepping our bounds.”
Crago ultimately voted in favor of the bill, which passed both chambers with significant support.
The price of the bill was another issue for the governor.
Spending that amount is not fiscally conservative, Gordon wrote. In fact, it represents about 67 percent of the biennial budget of the Attorney General’s Office, the executive branch that manages Wyoming’s legal interests.
“Such litigation is costly, and there is no economic reason for two parties claiming to represent Wyoming to double the costs to Wyoming taxpayers,” he wrote.
Diversion of this bill “would only allow for duplicative litigation safaris between states, which would be counterproductive and undermine Wyoming’s established branch-to-branch cooperation and separation of powers enshrined in the Constitution.” “It violates respect for the principles of…” Gordon wrote.
Gordon said the attorney general is currently involved in more than 30 cases “protecting the rights of the public.”
“I have never run away from issues involving federal overreach in Wyoming’s fossil fuel, wildlife, and water management, and I will continue to do so,” Gordon wrote.
The hard-line Wyoming Caucus, which often criticizes the governor, issued a statement late Friday afternoon accusing Gordon of failing to resist federal overreach.
“The Wyoming Freedom Caucus has always relentlessly pursued the protection of Wyoming and its interests, and we are disappointed that Governor Gordon has failed to do the same,” the statement said in part.
Since the 2024 session ended last week, lawmakers have been unable to override Gordon’s veto. The governor still must take action on dozens of bills passed during the session.
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