Winning for the West’s natural treasures and wildlife.

Bears Ears and Grand Staircase-Escalante National Monument Defense

Current Status:
Active

Staff attorney(s):
Todd C. Tucci

To Protect:

National Monuments, National Conservation Lands System

States:
Nevada, Utah

Case Information:

September 2, 2026 — Advocates for the West partner Conservation Lands Foundation joined local and national groups working to protect and defend Bears Ears National Monument and Grand Staircase-Escalante National Monument in filing motions asking the U.S. District Court for the District of Columbia to allow the groups to challenge President Trump’s most recent assault on both National Monuments.

In addition to Conservation Lands Foundation, Utah Diné Bikéyah, Archaeology Southwest, Patagonia Works, The Access Fund, A’Nuche, the National Trust for Historic Preservation, and the Society of Vertebrate Paleontology are seeking to expedite their challenge to President Trump’s July 13, 2026, proclamations eliminating nearly 90 percent of both National Monuments. Grand Staircase Escalante Partners and the Society of Vertebrate Paleontology joined Conservation Lands Foundation in the lawsuit challenging Trump’s virtual elimination of Grand Staircase-Escalante National Monument.

The filings reactivate litigation first brought in December 2017, when Conservation Lands Foundation and its partners challenged President Trump’s initial reduction of Bears Ears and Grand Staircase-Escalante National Monuments. The July 13, 2026, proclamations reduce Bears Ears National Monument from approximately 1.35 million acres to just 121,096 acres, and Grand Staircase-Escalante from 1.87 million acres down to roughly 181,500 acres. The July 13 proclamation on Bears Ears also terminated, or attempted to terminate, the Bears Ears Commission and its collaborative management.

Advocates for the West is provided legal counsel to Conservation Land Foundation in defense of the National Monuments, including Bears Ears and Grand Staircase-Escalante.

July 13, 2026 — President Trump signed two executive orders significantly reducing the size of Utah’s Bears Ears and Grand Staircase-Escalante National Monuments. Together, the orders cut almost three million acres of monument protection, with Grand Staircase-Escalante National Monument losing 1.69 million acres and Bears Ears losing 1.24 million acres. The reductions amount to about 90% of previously protected land in each monument.

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 Lands 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.