A breakthrough for natural resource access and congressional oversight
Editor’s note: On January 21, 2026 the U.S. House of Representatives passed a Congressional Review Act resolution to repeal the Public Land Order blocking access to the Duluth Complex. The resolution now moves to the Senate.
For the first time in history, a Public Land Order is being submitted to Congress for review. That seemingly technical milestone could reshape how the federal government manages hundreds of millions of acres of public land—and it starts with a mining ban in Minnesota.
In January 2023, the Biden administration locked away 225,504 acres of Minnesota’s Superior National Forest, home to the world’s largest untapped copper-nickel deposit. Public Land Order 7917 banned mining across the Duluth Complex with no congressional input and no proper notification to Congress as required by law. After the Trump administration transmitted the order to Congress on January 8, 2026, Rep. Pete Stauber announced plans to use a powerful tool for congressional oversight—the Congressional Review Act—to overturn the ban.
If successful, this effort would restore access to critical minerals in Northern Minnesota and establish precedent that Public Land Orders are subject to congressional oversight—fundamentally changing how future administrations can restrict resource development on federal lands.
Breaking new ground
Pacific Legal Foundation has long advocated that Public Land Orders constitute “rules” under the Congressional Review Act and must be submitted to Congress for review, but no previous administration has taken this important step. By transmitting PLO 7917, the Trump administration has opened the door for Congress to exercise oversight authority that should have existed all along.
“This constitutes a positive, major shift in policy and a potential breakthrough for miners, rural communities, and anyone affected by the regulatory ‘ping-pong’ on federal lands,” said Joe Luppino-Esposito, PLF’s Federal Policy director. “Access to public lands is essential to America’s energy and mineral supply. When executive actions can shut down lawful exploration overnight, it weakens investment, domestic production, and our ability to secure critical resources at home.”
That regulatory uncertainty has real costs. The Duluth Complex could supply critical minerals for generations, powering American technology and strengthening national security. Yet the Biden administration’s ban meant companies couldn’t plan, investors couldn’t commit, and communities couldn’t build around resources beneath their feet. One administration opens the door to development; the next slams it shut.
The Congressional Review Act offers a way to break that pattern. Congress can overturn agency rules with a majority vote in both chambers. If the president signs a resolution of disapproval, the rule is nullified and the agency cannot issue a substantially similar rule without new congressional authorization. That means once Congress overturns a Public Land Order, similar restrictions can be imposed only through legislation—not executive fiat.
A precedent that matters
The resolution targets one specific mining ban, but its implications extend far beyond Minnesota. Establishing that Public Land Orders are subject to CRA review means Congress can evaluate any executive land withdrawal, past or future.
“This isn’t just about overturning one land withdrawal,” said Paige Gilliard, an attorney in PLF’s Environment and Natural Resources legal practice. “It’s about establishing that the executive branch must follow proper procedures when making decisions that affect resource development and the livelihoods of American communities. This resolution can unlock the abundance that public lands provide while ensuring these decisions are made through the democratic process, not executive overreach.”
Rep. Stauber, who represents Northern Minnesota and is leading the CRA effort, understands what’s at stake for his constituents and the nation. Congress recently used the CRA to overturn the Biden EPA’s California emissions waiver—one of the highest-profile applications of the law in years. These back-to-back efforts signal renewed congressional appetite to reclaim authority over regulatory policy.
Congress should act quickly. The 60-session-day window for expedited CRA procedures means time is limited.
“The opportunity is historic,” Luppino-Esposito said. “Congress can restore access to vital resources, provide the certainty needed for investment, and establish that major decisions about public lands require congressional accountability. The precedent set here will protect resource access for generations—not just in Minnesota, but across the country.”
