Justice Department sues California over 'extreme' law restricting federal land transfers
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The U.S. Justice Department filed a lawsuit against the state of California on Monday that contends a state law restricting federal land transfers violates the supremacy clause.
The federal government seeks an injunction blocking implementation of the law, known as Senate Bill 50, according to a Justice Department press release. The law, signed by Gov. Jerry Brown in October, gives a right of first refusal to the California State Lands Commission on land transfers planned by the federal government. Politico, the Washington Post and the Associated Press have coverage of the suit, filed in federal court in Sacramento.
California enacted the law amid conservationists’ concerns that the Trump administration would sell federal lands for drilling, mining and other uses.
“Once again, the California legislature has enacted an extreme state law attempting to frustrate federal policy,” Attorney General Jeff Sessions said in the press release.
Last month, the federal government filed a suit claiming that three California sanctuary laws pre-empt federal immigration law and violate the supremacy clause.
The latest suit cites the supremacy clause and the property clause, which says, “Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.”
The suit also says California was admitted to the union in 1850 based on the express condition that it “shall pass no law and do no act whereby the title of the United States to, and right to dispose of, [its lands] shall be impaired or questioned.”
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