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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