FOR IMMEDIATE RELEASE
Friday, October 31, 2025
Contact:
Peter Jenkins, 202.265.4189; [email protected]
PEER Warns Interior’s Illegal Use of “Acting” Officials Puts Department Decisions in Legal Jeopardy
Group Says Second Trump Administration Repeating Same Vacancies Act Violations Struck Down the First Time
Washington, DC — The Department of the Interior is once again allowing top officials to serve as “acting” leaders despite being unqualified under federal law, according to a letter sent today by Public Employees for Environmental Responsibility (PEER) to Interior Secretary Doug Burgum and the Department’s Inspector General. PEER warns that decisions made by these officials could later be thrown out in court.
Read the letter here.
Under the Federal Vacancies Reform Act (FVRA), only three types of people may legally serve in an “acting” capacity when a position requiring Senate confirmation becomes vacant:
- The position’s official “first assistant,”
- Another official who has already been confirmed by the Senate for a different role, or
- A senior agency employee who has worked at the agency for at least 90 days in the past year and earns at least a GS-15 salary.
PEER identified four Interior officials who do not meet any of these criteria yet are publicly using “acting” titles and signing official agency actions under those titles.
Officials in Question
- Michael Boren: Appointed September 4, 2025; uses Acting Assistant Secretary for Policy, Management and Budget on official documents, including this Interior acquisition policy. Boren previously worked as an Idaho rancher.
- Kevin Lilly: Appointed August 4, 2025; uses Acting Assistant Secretary for Fish, Wildlife and Parks in this Federal Register rule expanding hunting and fishing in the National Wildlife Refuge System. Lilly was a Texas investment manager.
- Bill Groffy: Appointed June 25, 2025; uses Acting Director of the Bureau of Land Management (BLM) on BLM’s website and in this Federal Register notice amending the Sage-Grouse Resource Management Plan. Groffy previously worked for a Colorado oil and gas association.
- Matthew Giancona: Appointed June 10, 2025; uses Acting Director of the Bureau of Ocean Energy Management (BOEM) on BOEM’s website and in this notice of an Alaska oil and gas lease sale. Giancona was previously an industry government-affairs official.
Because these officials were not legally eligible to hold “acting” titles, any decisions they issued could be invalidated by a court.
“We call on Secretary Burgum to block Boren, Lilly, Groffy, and Giancona from serving in any acting capacity and to rescind the decisions they’ve issued under improper titles,” said Peter Jenkins, Senior Counsel at PEER. “If he doesn’t, many of Interior’s actions will remain legally shaky.”
History Repeating Itself
During the first Trump Administration, multiple courts struck down agency decisions for similar FVRA violations. In 2020, a federal judge removed William Perry Pendley from his post as Acting BLM Director after finding his appointment unlawful — invalidating several BLM management plans as a result. President Trump’s repeated use of unconfirmed “acting” officials led to numerous reversals of agency actions.
Background resources:
- “Advice and Consent” Is the Law – PEERMail
- New Temporary Park Service Appointment Is Illegal – PEER
- No Direction — National Park Service and BLM to be Run by Lower Deputies for 3 Years – PEER
- Federal Vacancies Reform Act criteria (5 U.S.C. § 3345)
- 2020 Pendley ejection decision – New York Times
- Cuccinelli ruling on improper “acting” appointment – Vox
- Interior Secretarial Order 3414 Amendment 9
