Denver appeals court to hear arguments in Bears Ears lawsuit appeal

DENVER, Colo. — On Thursday, September 26, the U.S. Court of Appeals 10th Circuit Court will hear arguments in Utah’s failed Bears Ears lawsuit. The state previously lost a challenge to President Joe Biden’s 2021 restoration to the size of Bears Ears and Grand Staircase-Escalante National Monuments. 

Bears Ears reduction, restoration, and legal challenges 

In 2017, former President Donald Trump reduced the size of Bears Ears by 85%, according to the Washington Post. The size of Grand Staircase-Escalante was also reduced 

President Joe Biden restored the boundaries of both Utah national monuments in 2021. 

Additionally, the lands within the protected areas are sacred to many Native American tribes.  

In 2022, the State of Utah challenged the restoration, referring to it as ‘unlawful.’

A press release from Utah Gov. Spencer Cox’s office said the “vast” size of the monuments drew “unmanageable visitation levels.”  Additionally, it said the large size made it harder to protect sacred areas. 

The combined area of Bears Ears and Grand Staircase-Escalante is 3.2 million acres.

The State of Utah argued that the restored size of the monuments violated the Antiquities Act of 1906.

A press release said the act “limits U.S. presidents to create monuments ‘confined to the smallest area compatible with proper care and management of the objects to be protected.'” 

The challenge was dismissed by a district court judge in 2023, per the Associated Press. The judge ruled that Biden was acting within his authority. 

Utah leaders appealed the judge’s decision. An October 2023 press release from Attorney General Sean Reyes’ office maintained the state’s position.

“President Biden’s designations are as large as several states—which far exceeds his authority and is an abuse of the Act,” read Reyes’ statement. “These designations require resources, planning, and input from stakeholders and all those affected.” 

Wildlife group opposes appeal

The National Wildlife Federation voiced opposition to the State of Utah’s appeal, saying that it has filed an amicus brief supporting the Biden administration. 

A press release from the NWF read that it “threatens to reverse more than a century of conservation measures.” 

Presidents of both parties have used the Antiquities Act of 1906 in conservation efforts. Per the press release, the lands preserved through the act have helped connect people with nature, and fueled the economies of rural areas. 

“If this lawsuit is successful, it undermines a long history of conserving our nation’s most important lands and our wildlife heritage,” said Bailey Brennan, a public lands counsel for the NWF. 

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