On Monday April 2, the federal government took aim at a land use law passed in California last year, which gives California the right of first refusal in any sale of public lands, for the purpose of preventing resource exploitation or development. Under the law, the state would either have to raise the money to buy the property at market value, or find a buyer it deemed appropriate. The Justice Department is suing on the grounds that Congress gives federal agencies alone the power to control the purchase and sale of federal land, including selecting or denying the parties involved in those deals. The federal government argues a violation of the Constitution, under the Supremacy Clause, which gives federal law the ultimate authority where it conflicts with state law.

According to the lawsuit, California has used the law to interfere with federal land sales at least four times since it was enacted. For instance, in Sacramento County the Post Office planned to auction off a 1.7 acre parcel, but was halted by the imposition of the state law.

“Under our federalism, states have the right to pursue their own policy objectives, but they do not have the right to actively obstruct federal policy, interfere with federal actions, or discriminate against the United States,” said acting associate attorney general Jesse Panuccio.

While California argued that the state legislation doesn’t prevent sales of the land, but rather prevents private purchasers from recording deeds to the land unless the state had an opportunity to buy first, the Justice Department responded that this is a “distinction without a difference.”

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