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Judge dismisses challenge to Biden’s reversal of Trump’s monument shrinkage.

U.S. Judge Upholds President Biden’s Decision to Reverse Reduction ​of National Monuments

In a significant ruling on ‌Aug. 11, a U.S. judge upheld President Joe Biden’s decision to reverse ‌the reduction of national monuments made by former President Donald Trump. The decision to enlarge the ⁢Bears Ears and Grand Staircase-Escalante national monuments was deemed not reviewable by U.S. District Judge David Nuffer.

“President Biden’s judgment in drafting‌ and issuing⁢ the Proclamations as he sees fit is ⁢not an action reviewable by a district court,” Judge Nuffer stated.

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The Antiquities Act grants the​ president ⁢the authority to declare ⁢national monuments on federal land. Presidents Bill Clinton and Obama established the Grand Staircase-Escalante National Monument and Bears Ears National Monument, respectively. However, President Trump reduced ​the size of these monuments after a request from Republican leaders in ‍Utah.

President Biden, upon taking ⁤office, reversed the reduction and actually added additional acres‍ to each monument. This move ‍prompted a‍ lawsuit from Utah officials, who argued that the law requires monuments to be confined to the smallest⁤ area possible.

Judge Nuffer clarified that while President Biden’s actions could be reviewed for constitutionality, the‍ plaintiffs challenged them on​ statutory grounds. As a result, he‌ cannot review the actions due to legal protections against such lawsuits unless‌ Congress grants a waiver.

The​ dismissal of this lawsuit ‍follows a pattern⁤ of similar cases involving presidents withdrawing land for monuments being thrown ⁣out.​ Native American tribes and other entities that supported President Biden celebrated the ruling, emphasizing the cultural and economic significance of these national ​monuments.

Utah Attorney General Sean Reyes​ and Governor Spencer Cox, both Republicans, expressed ⁤their ⁣intention to appeal the ruling, aiming to ​challenge what⁤ they perceive as President Biden’s abuse of the Antiquities Act. They anticipate that the case ⁤will eventually reach the U.S. Supreme Court.



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