Senator Heinrich Questions Trump's Interior Nominee on Frozen Funds and Legal Opinions

Frozen Funds and Legal Compliance

• 🏛️ Senator Heinrich questioned the nominee for the Office of Solicitor, Mr. Dorfmeer, regarding the Department of Interior's continued violation of court orders concerning frozen funds.
• ⚖️ The nominee stated that as Solicitor, his role would be to review facts and law to ensure appropriated funds are obligated and dispersed in a timely manner, in accordance with the law and the Empowerment Control Act.

Reinstatement of Vacated Legal Opinions

• 📜 A senior advisor to the secretary reinstated a legal opinion that had been vacated by a federal district court, despite the Justice Department not appealing the decision.
• ❓ This reinstated opinion affects 93 out of 94 judicial districts, leading to questions about whether a solicitor or advisor can overrule a federal district judge's decision.
• 🚫 The nominee affirmed that he does not believe the solicitor can overrule a federal district judge.

Interior Department 'M Opinions'

• 💡 The nominee acknowledged that 'M opinions' are unique to the Department of Interior and are the highest level of legal interpretation by the solicitor, binding on the department.
• ✍️ He expressed eagerness to use his 12 years of litigation experience to analyze law and facts to provide sound and durable 'M opinions' that will stand up in court.

NEPA Timelines and Litigation Risk

• ⏱️ Senator Heinrich raised concerns about complying with NEPA timelines for environmental impact statements and assessments, and the risk of litigation if requirements are not met.
• ✅ The nominee agreed that publishing a final EIS and record of decision that do not meet statutory requirements would be counterproductive and lead to further litigation, emphasizing alignment on the goal of getting projects approved without legal challenges.