The First Amendment matters

While our focus is and will remain on the goings-on at the US Department of the Interior, we would be remiss to not take a moment to recognize the broader context in which it all plays out. There’s a lot going on as authoritarianism takes hold, but at the top of the list as I write this is the full-scale attack on, and rapid loss of, First Amendment rights in the United States. That part of the Constitution—that the “Congress shall make no law…abridging the freedom of speech, or of the press…”—is why I can write this newsletter freely, why you and anyone can say or write what they want with very few restrictions, even and especially if critical of the government. 

This trend has, of course, been happening for decades. But it has accelerated since the election last year, as Donald Trump and his associates have threatened and bullied people into silence and self-sensorship, such as how lawsuits have been weaponized to try—too often successfully—to coerce, silence them, and force acquiescence. 

But yesterday, the Chair of the Federal Communications Commission, Brendan Carr, threatened to revoke ABC station’s broadcast licenses because the comedian Jimmy Kimmel had the temerity to say…a factual statement about the response to Charlie Kirk’s killing? (This was just a pretext; remember that Trump already targeted Kimmel after Colbert was taken off the air.) In turn, ABC “indefinitely suspended” Kimmel’s show. To be clear, Carr is not alone in his faux outrage; plenty of other “leaders” are aiming to use the government to silence anyone who doesn’t toe the party line. As always, every accusation—like censorship in this case—is really a confession.

What can you do? Speak up, don’t fold. Call your member of Congress, especially if they’re one of the ones who are trying to use the government to suppress free expression. We can’t know how exactly this will play out, but I’m certain it won’t be because of some act of beneficence from an enlightened leadership; it will be because of us, you and me, our family and friends and neighbors. It will matter for being able to speak for Interior and all the things it provides to people and nature!

Now, back to our regularly scheduled program.

What happened 

1. The administration has started the process to rescind the Bureau of Land Management’s (BLM’s) Public Lands Rule. This is the big news for Interior at the moment, which broke on Friday last week. The Rule clarified that conservation is a valid use of our public lands system that BLM manages, and provided tools (like conservation leases and mitigation leases) to help BLM staff make that a reality. The Rule was, of course, opposed by extractive industries who see conservation as a threat to their self-interest; now their people aim to get rid of it. As I wrote at length in the Memo earlier this week, their basic argument is that the word “use” doesn’t mean what we all know it means—they’re trying to gaslight us. Read more.
2. “EPA’s 2009 finding that the human-caused emissions of greenhouse gases threaten human health and welfare was accurate, has stood the test of time, and is now reinforced by even stronger evidence.” That is the top-line from the National Academy of Sciences new report, released this week, on what the science really says about climate change. The development of the report is driven by the EPA’s proposal to rescind the 2009 Endangerment Finding—so not Interior-focused—but it reinforces what is clearly settled science: climate change is happening and it. For Interior, that means impacts to wildlife and parks that people love and use. Changes—mostly losses—of water in the West, which affects people and nature. Damages to Tribes and other Indigenous Peoples, whether in the Lower 48, in the (rapidly warming) Alaska, or out in Hawaii. Beyond doubt.
3. Continuing the opening discussion, speaking of censorship: the administration is directing the National Park Service to rewrite history. The Washington Post reported this week (and other outlets confirmed) that orders have been given to NPS to start removing historical information that is uncomfortable to this administration and its supporters. Some of the content is about the history of slavery and the Civil War that they want to disappear; some is directives to remove historical information about the damage done to Native Americans. Lindsay Granger at The Hill has a good overview of why this history matters (and she does a good job addressing the propagandist apologist at the end). 

Other tidbits:

• AI—genAI in particular—is driving harms to people, knowledge (check out this new story on librarians being asked to find hallucinated books), and the planet. We need to think about this because Interior has and will have a big role to play in related issues like energy and water, climate and conservation, and more. One solution we’ve articulated is the need for a “Trust Fund for AI” to offset those harms, funded by AI companies that are reaping benefits without paying for the costs. Happy to see that Senator Mark Kelly of Arizona is putting that idea out there too!
• If you work with Tribes—or know someone who does—be sure to check out this quick guide to honorariums and why they matter. Here’s a good infographic, courtesy of Stan Knight on LinkedIn:

• The administration is withdrawing their nominee for Commissioner of Interior’s Bureau of Reclamation, which is confusing…he was well-qualified and respected. One story today suggests some states thought he would be biased since he was from Arizona? 
• Secretary Burgum issued a new order that “directs the establishment of USWFS [US Wildland Fire Service] reporting directly to the Secretary of the Interior or his designee” from the firefighting units of Interior. It puts the Assistant Secretary - Policy, Management, and Budget in charge of the process; that role is currently filled by the nominee to the US Department of Agriculture’s under secretary of agriculture for natural resources and environment, which oversees the Forest Service. It’s worth noting that Congress said they needed more information about the administration’s proposal to create the USWFS before they would approve it; not sure this move is consistent with what Congress said.
• The congressional “Problem Solvers Caucus” released their proposals for changing permitting, like NEPA. Unfortunately, I see a lot of bad ideas that will change the purpose of permitting—no longer to ensure we have a safe and healthy environment, but to “accelerate” permitting—and take away the ability of people to affect government decisions that affect their lives. This probably deserves a deep dive in a future Memo. 
• Some further discussion of the NPS content restrictions with a focus on book bans.
• We have plenty of national park news that’s on the dark side, so enjoy this editorial from the Pittsburgh Post-Gazette calling for a national park in Western Pennsylvania. As a fan of the Laurel Highlands of the region, I love it!
• Speaking of cool things, check out this awesome scene of Endangered Species Act-protected manatees swimming around people down in Florida, brought to us by the public lands of Sebastian Inlet State Park.

What’s coming

• On Tuesday, 07 October 2025, at 4pm ET, I will be part of a webinar hosted by Public Employees for Environmental Responsibility (PEER) on “Environmental Protection, Public Service, and the Rise of Authoritarianism”. You can register here to join us!
• Remember, Fat Bear Week starts next week! Consider supporting local news by subscribing to Ketchikan Daily News to read their story.
• Each day we tick closer to a government shutdown on 01 October (which happens to be the birthday for Interior’s Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement). My own opinion remains the same as before: 

“While I don’t want the American people to not be served by Interior and other agencies, and I don’t want our civil servants hurt, I believe it’s absolutely essential that there’s no funding for FY 2026 until the administration stops breaking the law and Congress uses its authority to ensure that. The medium- and long-term costs of capitulating are far too high.” 

This week’s assault on the First Amendment only strengthens that conclusion.

Parting shot