COALITION TO PROTECT AMERICA’S NATIONAL PARKS
NATURAL RESOURCES DEFENSE COUNCIL
ROCKY MOUNTAIN WILD
THE WILDERNESS SOCIETY
September 2, 2025
U.S. Department of the Interior, Director (630)
Bureau of Land Management
1849 C St. NW, Room 5646
Washington, D.C. 20240
Attention: 1004-AF40
Re: Comments on “Revision to Regulations Regarding Onshore Oil and Gas Leasing; General” (BLM-2025-0137; A2407-014-004-065516; #O2412-014- 004-047181.1)
To Whom It May Concern:
Please accept these comments from the undersigned organizations on the direct final rule (FR), “Revision to Regulations Regarding Onshore Oil and Gas Leasing; General,” issued by the Bureau of Land Management (BLM) on August 1, 2025.
The use of an FR in this context contravenes the Administrative Procedure Act (APA), ignores long-established procedures on notice and comment rulemaking, and undermines the role of public participation. As described below, the rescission is based on a faulty premise and will have serious unintended consequences. Moreover, BLM’s reliance on the APA’s “good cause” exception misunderstands the relevant standard, which is not whether the rescinded rule is determined to be unnecessary, but rather whether notice and comment is determined to be unnecessary.1
When the good cause exception applies because the notice and comment procedure is determined to be “unnecessary,” federal agencies may issue an FR. The Administrative Conference of the United States has clarified that “direct final rulemaking is a technique for expediting the issuance of noncontroversial rules.”2 In other words, an FR is only appropriate when it involves “a minor rule in which the public is not particularly interested.”3 BLM’s FR fails this test because it involves changes to and interpretations of long-standing substantive limitations on federally authorized oil and gas leasing, an environmentally impactful activity in which the public and industry have substantial interests.4 Under these circumstances, the APA guarantees the public an opportunity to comment. Upon receipt of these significant adverse comments, BLM must withdraw the FR before the effective date.5
Respectfully,
Ben Tettlebaum (on behalf of the below-listed parties)
Director & Senior Staff Attorney
The Wilderness Society
1801 Pennsylvania Ave NW, 2nd Floor
Washington, D.C. 20006
be************@*ws.org
(720) 647-9568
Phil Francis Chair
Coalition to Protect America’s National Parks
2 Massachusetts Ave NE Unit 77436
Washington, DC 20013
(202) 819-8622
Josh Axelrod
Senior Policy Advocate
Natural Resources Defense Council
1152 15th St, NW, Suite 300
Washington, D.C. 20005
ja******@**dc.org
(202) 289-2379
Alison Gallensky
Conservation Geographer, Leadership Team
Rocky Mountain Wild
Denver, Colorado
al****@***************ld.org
(303) 546-0214 x 9