Bears Ears and Grand Staircase-Escalante National Monument Defense

October 21, 2023 — The State of Utah and others appealed before the U.S. Court of Appeals for the Tenth Circuit a federal district court judge’s decision dismissing Utah’s lawsuit challenging President Biden’s use of the Antiquities Act to restore and expand Bears Ears and Grand Staircase-Escalante National Monuments. The Tenth Circuit heard oral argument in September 2024, and we are awaiting a decision from the court, which can come at any time.

While we await a Tenth Circuit decision, the National Monuments remain protected. Meanwhile, lawsuits brought by Conservation Lands Foundation and others against President Trump’s 2017 decision to slash the size of Bears Ears and Grand-Staircase Escalante National Monuments remain stayed, and we are considering options moving forward to fully resolve this case.

August 11, 2023 — A federal district judge in Utah dismissed a lawsuit filed by the State of Utah and others challenging President Biden’s use of the Antiquities Act to reinstate and expand Bears Ears and Grand Staircase-Escalante National Monuments. Advocates for the West has provided legal counsel to Conservation Land Foundation in defense of the National Monuments.

November 2022 — Conservation Land Foundation and other conservation organizations moved to intervene on behalf of the Biden administration to defend the restoration of the monuments in a lawsuit filed by the State of Utah and others.

August 2022 — The State of Utah and two Utah counties filed a lawsuit challenging Biden’s decision to restore and expand Bears Ears and Grand Staircase-Escalante National Monuments.

October 8, 2021 — President Biden announced that he is restoring protections for the Bears Ears and Grand Staircase-Escalante National Monuments. The litigation on file challenging President Trump’s reduction of Bears Ears and Grand-Staircase Escalante National Monuments is stayed by agreement of the parties.

December 2017 — Conservation Lands Foundation joined with sovereign tribal nations connected to the land and local and other national conservation and recreation organizations in lawsuits challenging President Trump’s decision to slash the size of Bears Ears and Grand-Staircase Escalante National Monuments.

December 4, 2017 — President Trump ordered the largest National Monument reduction in U.S. history in 2017, withdrawing protections for over 1.5 million acres of national monuments and threatening tens of thousands of cultural, historic, paleontological, and ecological artifacts and objects in the process. Trump shrank Bears Ears National Monument by 85%, and Grand Staircase-Escalante by nearly half.

February 2017 — We entered into a Memorandum of Understanding with the Conservation Lands Foundation (CLF) to provide legal advice and representation in defending National Monuments and other parts of the National Conservation Lands System (NCLS) in the face of threats from the Trump Administration. Senior Attorney Todd Tucci is leading this work, with assistance from Laird Lucas and other attorneys, as needed.

The most immediate threat is from Presidential action to de-designate Bears Ears, Gold Butte, or other National Monuments established by President Obama; and we have geared up with legal research and strategy to challenge such a de-designation order, if it occurs. Currently, Interior Secretary Zinke is conducting a review process (pursuant to a recent Trump Executive Order) to evaluate Monument designations going back to 1996, thus including Grand Staircase-Escalante (designated by Pres. Clinton). It is unclear what the final result of that review process will be, but it will likely include some kinds of de-designations or reduction in the acreage of Monument designations.  We will likely play an active role in challenging any such actions on behalf of CLF.

Meanwhile, Todd has been providing extensive consultation and advice to CLF and its many partner groups. We anticipate that this National Monument Defense work will continue to expand over the next year.