NE Wyoming News

On October 18, 2024, Congresswoman Harriet Hageman introduced the Expedited Appeals Review Act (EARA) in Washington, D.C. The proposed legislation aims to provide entities challenging decisions from the Department of the Interior's Board of Land Appeals (IBLA) with a faster path to court through an expedited review process.

Currently, challengers must appeal to the IBLA, an administrative court within the Department of Interior (DOI). Critics argue that this setup raises constitutional concerns related to separation of powers since agencies enforce their regulations through internal courts like the IBLA. Notably, over 90% of cases are resolved in favor of the agency and can take years to conclude.

Congresswoman Hageman expressed her concerns about this system: “We are a government ‘of, by and for the people’ and every agency and their employees should be accountable to the people. It is no wonder that the current construct of in-house courts ruling on cases where the agency’s policies are in question tend to fall on the side of the government almost exclusively."

Hageman highlighted her legal experience: “In my 3 decades of practicing law I witnessed cases argued before agency-appointed judges on numerous occasions and then waited as the IBLA delayed issuing a decision. Not only does this leave the non-agency party in limbo as to the outcome of their case, but also costs them significantly in potential fees and penalties waiting for their cases to be considered."

She emphasized that her bill aims to provide American citizens and companies with a fair chance against DOI's policies: “This broken system needs to be fixed so that American citizens and companies have a fighting chance against the DOI’s ongoing agenda against our legacy industries. My bill gives these parties the opportunity to expedite the process and pursue an impartial route in those circumstances where the IBLA is refusing to timely address the matter in front of it."

The EARA mandates that if IBLA does not decide within 18 months after an appeal is filed, applicants can request expedited review. The IBLA then has six months to resolve such cases; failure leads parties directly to district court for further proceedings.

Background information indicates that there are currently over 650 appeals pending before IBLA, some for more than five years. In fiscal year 2023 alone, only 36 cases were decided on merits with most upholding departmental decisions.

As part of her role on House Judiciary Committee Rep., Hageman led an oversight hearing titled “Reining in Administrative State: Agency Adjudication Other Agency Action” highlighting issues around administrative courts including due process violations.

Before assuming office as Wyoming’s congressional representative Harriet Hageman practiced law defending clients against government actions winning several significant cases involving DOI-related agencies.

Contact for further details is Chris Berardi Senior Advisor/Communications Director.