Judge rejects challenge to Lombardo’s conservation department appointment

A Carson City judge has ruled against an environmental group that sued to oust Gov. Joe Lombardo’s pick to lead Nevada’s natural resources department.

Carson City District Judge James Wilson wrote that Lombardo’s appointment of former Republican state Sen. James Settelmeyer as the new director of the Department of Conservation and Natural Resources did not violate the state constitution because the salary raises in question were lower than the overall inflation rate.

“A legislator is not going to undertake a scheme to enact a marginal, across-the-board pay raise merely because he hopes to be appointed to a certain position later,” the judge wrote in his decision.

The Center for Biological Diversity filed a lawsuit in February challenging Settelmeyer’s appointment. The environmental group’s argument centered around the so-called “emoluments clause” in the state constitution, which bars those who served in the Assembly or Senate from being appointed to “any civil office of profit under this state” if the salaries for those positions were raised during their legislative term, and for one year after the expiration of their term.

Settelmeyer represented Senate District 17, which includes several rural counties in the central and western portion of the state, from 2010 until his final term expired in 2022. Term limits prevented him from running again.

During his last four-year term as a senator, the state Legislature approved small cost-of-living salary increases for several state jobs in 2019 and 2021, including the director of the Department of Conservation and Natural Resources. Settelmeyer voted for salary increases for state officials in the 2019 session, but against them in 2021.

He was appointed by Lombardo to the director role on Jan. 6, less than two months after his term as a lawmaker expired.

The department director position does qualify as a “civil office for profit,” but Wilson wrote that the appointment did not violate the state constitution because the cost-of-living adjustments were lower than the level of inflation and therefore should not be considered an increase in emoluments. Wilson also wrote that the framers of the state constitution did not intend for that clause to apply to across-the-board salary adjustments.

Lombardo’s office declined to comment on the ruling Monday afternoon.

Patrick Donnelly, Great Basin director at the Center for Biological Diversity, said his organization was disappointed in the ruling and is considering whether to appeal.

“Whatever happens next, we will continue to hold this administration accountable for following the law and stewarding Nevada’s precious environment,” Donnelly said in a statement.

Contact Colton Lochhead at clochhead@reviewjournal.com. Follow @ColtonLochhead on Twitter.

1st DC Ruling - Center for Biological Diversity vs Settelmeyer by Colton Lochhead on Scribd