WASHINGTON (Legal Newsline) - The Department of Interior's new Fish and Wildlife Service (FWS) director does not have the educational requirements to assume the position, according to a watchdog group.
“There are some statutory requirements in the law and in order to be the director of the United States Wildlife Service someone has to have the scientific education and experience to be able to hold the office, which has been interpreted to mean having a degree in a science-related field that's related to the office and the department,” said Protect the Public’s Trust (PPT) director Michael Chamberlain.
President Joe Biden nominated Martha Williams last year. She was confirmed by the Senate on Feb. 17.
Williams has experience as the former director of the Montana Department of Fish, Wildlife, and Parks, but her postsecondary degrees are non-scientific - a bachelor of arts in philosophy and a juris doctorate.
“The Department of Fish and Wildlife has impacts on things like endangered species and other types of decisions so it does have some pretty strong authority in certain areas that come underneath it,” Chamberlain told Legal Newsline. “There is a high likelihood that she would be making decisions that would impact individuals and companies and other organizations over the course of her term in that office.”
The eligibility requirements date back to the Nixon Administration when Congress imposed the following caveat under 16 U.S. code 742b, “No individual may be appointed as the Director unless he is, by reason of scientific education and experience, knowledgeable in the principles of fisheries and wildlife management.”
Williams will direct approximately 8,000 employees and 567 national wildlife refuges, according to media reports.
“It was a voice vote so what that means is none of the senators went on record voting up or down,” Chamberlain said. “It was a bipartisan approval or confirmation is what it boils down to. No one objected to the confirmation. It’s a little bit surprising that, as far as we know, no one raised this issue to the extent that they would have allowed a voice vote to happen.”
One of the dangers, according to PPT, is the potential for lawsuits.
“What this does is it could potentially place decisions that Williams makes in jeopardy because they could be challenged by an individual or organization that was affected by the decision and if it is determined by a court that she was not qualified or didn't meet the requirements for the position, it could potentially mean that those decisions could be overturned,” Chamberlain added
Previously confirmed directors have held advanced biological scientific credentials, according to PPT.