Utah AG to appeal ruling on Biden’s authority in monuments case

Bears Ears National Monument. Photo: BLM Utah

SALT LAKE CITY, Utah, Aug. 14, 2023 (Gephardt Daily) — Attorney General Sean Reyes made good on his promise to continue Utah’s legal challenge to President Joe Biden‘s authority to restore boundaries for the Bears Ears and Grand Staircase-Escalante national monuments.

U.S. District Court Judge David Nuffer dismissed the state’s case Friday, saying “Biden’s judgment in drafting and issuing the Proclamations as he sees fit is not an action reviewable by a district court.”

Reyes promptly filed a notice to appeal the ruling Monday to the U.S. Court of Appeals for the 10th Circuit, noting it’s a necessary stop on the path to the U.S. Supreme Court.

“All along, the state of Utah has sought appropriate protections of the precious, unique area in the heart of the Bears Ears and Grand Staircase-Escalante regions. But the current monument designations are overkill by millions of acres,” Reyes said in a news release. “President Biden’s designations exceed his authority. We eagerly anticipate explaining to the 10th Circuit why the law and the facts are on our side.”

Gov. Spencer Cox previously said he expects the “case will ultimately be decided by the U.S. Supreme Court.”

Grand Staircase-Escalante National Monument was created in 1996 by President Bill Clinton, and President Barack Obama created Bears Ears National Monument in 2016.

The boundaries for both monuments was reduced by former President Donald Trump in 2018, but President Biden restored the boundaries in 2021. The lawsuit challenges Biden’s authority to restore the boundaries.

1 COMMENT

  1. more than 100,000 archaeological and cultural sites, hints of the Indigenous peoples who once lived here hundreds to thousands of years ago. Are you Republicans want to rob special places for the Indians? White people killed, raped, and took lands away from the FIRST inhabits of these lands.

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