Interior suspends Biden-era legal opinions

By Michael Doyle | 03/10/2025 01:44 PM EDT

The Trump administration needs to give them a “thorough review,” the acting solicitor wrote.

Migratory Vaux's Swifts are a blur as they race to roost for the night inside a large, brick chimney.

Migratory Vaux's swifts are a blur as they race to roost for the night inside a large, brick chimney at Chapman Elementary School in Portland, Oregon. The Interior Department has withdrawn a Biden administration legal opinion dealing with the Migratory Bird Treaty Act. Don Ryan/AP

The Interior Department’s acting chief lawyer has suspended every legal opinion issued by his Biden administration predecessor, in a move that strengthens the Trump administration’s grip on key policy decisions.

Citing the need for a “thorough review,” Interior senior adviser Gregory Zerzan put on ice all 20 of the “M-Opinions” issued during Biden’s term by former Interior Solicitor Robert Anderson. The suspended opinions imposed binding interpretations of law on issues ranging from migratory bird protection to the ownership of mineral rights beneath a reservoir in Interior Secretary Doug Burgum’s home state of North Dakota.

“These interpretations may not reflect the best interpretation of applicable law and may conflict with current policy priorities,” Zerzan wrote.

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Zerzan added that during the review period, no Interior agency should rely on a suspended M-Opinion as authoritative and binding without first consulting with the Office of the Solicitor for guidance. The suspension will last until officials determine whether the prior M-Opinion should be “reinstated, modified or revoked,” according to the one-page memo dated Feb. 27.

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