Historic move opens Public Land Orders to congressional review
January 12, 2026
Washington, D.C.; January 12, 2026: For the first time ever, a Public Land Order is being submitted to Congress, making it subject to a repeal under the Congressional Review Act (CRA).
After the Department of the Interior transmitted Public Land Order 7917 to Congress, Rep. Pete Stauber (R-MN) announced plans to introduce a CRA resolution to overturn the 2023 mining ban. If successful, the effort would not only reverse this specific withdrawal but would also establish that Public Land Orders are subject to congressional review — curbing similar executive actions issued without congressional oversight in the future.
“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 Pacific Legal Foundation Federal Policy Director Joe Luppino-Esposito. “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.”
Pacific Legal Foundation has been actively advancing the legal theory underlying this move, engaging the White House, the Department of the Interior, and members of Congress to argue that Public Land Orders constitute rules and must be submitted under the CRA. No prior administration has taken this step.
The Stauber resolution opens the door for Congress to review — and potentially overturn — not just one Public Land Order, but all such executive land withdrawals. Once a CRA disapproval is issued, the rule cannot be reissued in substantially similar form by the executive, thereby providing long-needed certainty for miners and land users. Similar restrictions could be instituted only with congressional action.
This effort follows recent congressional use of the CRA to overturn the Biden EPA’s California emissions waiver — one of the most high-profile applications of the law in years — signaling renewed appetite on Capitol Hill to rein in executive overreach.
About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.