Federal judge declines to reopen Bears Ears lawsuit, awaits Tenth Circuit decision
Special to the Times | Donovan Quintero
A homestead is in the foreground of Shash Jaa’ on Jan. 12, 2025. Doug Burgum, the new Interior secretary, wants to shrink the footprints of sites that include Bears Ears and Grand Staircase-Escalante national monuments in Utah.
WINDOW ROCK
A federal judge has denied a request to reopen a lawsuit challenging former President Donald Trump’s decision to shrink national monuments in Utah, instead opting to wait for a decision in a related case before the U.S. Court of Appeals for the Tenth Circuit.
The ruling, issued by Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia, keeps the case on hold as the court awaits the outcome of Garfield County v. Biden. The Tenth Circuit heard arguments in that case on Sept. 26, 2024, and its decision is expected to influence legal disputes over presidential authority in managing public lands.
Violating federal law, threatening cultural and environmental integrity
The case before Chutkan was originally filed in 2017 after Trump signed an order reducing the size of Bears Ears and Grand Staircase-Escalante national monuments. The lawsuits were brought by several plaintiffs, including the Hopi Tribe, Utah Diné Bikéyah, and the Natural Resources Defense Council Inc., which argued that Trump’s decision violated federal law and threatened the cultural and environmental integrity of these lands. The plaintiffs maintained that the Antiquities Act, which grants presidents the power to designate national monuments, does not permit reductions of existing monument boundaries on the scale Trump attempted.
The American Farm Bureau Federation and other industry groups, which had intervened in the case, filed a motion requesting the court to lift the stay and allow litigation to proceed. These groups support Trump’s reductions, arguing that they restored access to land for agriculture, energy development, and local management. Chutkan denied their request, determining that it would be more appropriate to wait for the Tenth Circuit’s decision before moving forward.
Under the court’s order, all parties involved must submit a joint status report within 30 days after the Tenth Circuit issues its ruling. That decision could clarify key legal questions regarding the extent of presidential power under the Antiquities Act and whether reductions to national monuments require congressional approval.
To read the full article, please see the Feb. 20, 2025, edition of the Navajo Times.
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