Idaho Joins Multi-State Effort to Challenge Federal Land Rulemaking Authority

States argue Congress improperly delegated lawmaking power to agencies like the BLM.

Mar. 31, 2026 at 12:09am

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A fractured, abstract painting in shades of green, ochre, and blue, depicting a stylized BLM symbol or sign, representing the dynamic tensions between state and federal control over public lands.A multi-state legal challenge seeks to limit federal agency authority over public lands, exposing the complex power dynamics between state and national governments.Boise Today

Idaho has joined a coalition of states urging the U.S. Supreme Court to review a case challenging how federal agencies like the Bureau of Land Management (BLM) create and enforce criminal regulations on public lands. The states argue that Congress has improperly delegated its lawmaking authority to these agencies, undermining accountability and the connection between elected lawmakers and the public.

Why it matters

This case highlights the ongoing tensions between states and the federal government over the scope of federal agency authority, particularly in Western states with large amounts of federally managed land. The outcome could have significant implications for how criminal regulations are established and enforced on public lands across the country.

The details

The case, Pheasant v. United States, stems from an incident in Nevada where a man was cited for riding a dirt bike without a taillight on BLM-managed land. A federal district court initially dismissed the charges, finding that Congress had violated the constitutional separation of powers by allowing the BLM to define criminal conduct. However, that decision was later reversed by the Ninth Circuit Court of Appeals, and the case is now being considered for review by the Supreme Court.

  • On March 30, 2026, Idaho announced it had joined the multi-state coalition urging the Supreme Court to take up the case.

The players

Raúl Labrador

The Attorney General of Idaho who announced the state's involvement in the multi-state effort.

Bureau of Land Management (BLM)

The federal agency that manages approximately 245 million acres of public land nationwide, including large portions in Western states like Idaho.

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What’s next

The Supreme Court will decide whether to take up the Pheasant v. United States case and review the federal government's authority to define criminal offenses on public lands.

The takeaway

This case highlights the ongoing debate over the balance of power between states and the federal government, particularly when it comes to the scope of federal agency authority over public lands. The Supreme Court's decision on whether to hear the case could have far-reaching implications for how criminal regulations are established and enforced on millions of acres of federally managed land across the Western United States.