Bears Ears

What’s in Trump’s Proclamations on Bears Ears and Grand Staircase-Escalante National Monuments

An analysis of the new proclamations and the legal issues they raise

On Monday, President Trump signed two proclamations, downsizing the Bears Ears and Grand Staircase-Escalante National Monuments in Utah. These two proclamations are the first official acts by Trump to implement the recommendations from Interior Secretary Ryan Zinke’s national monuments review this summer. (Zinke’s final report and recommendations were just made public yesterday. In a short …

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President Trump’s national monument rollback is illegal and likely to be reversed in court

Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht

This article was originally published on The Conversation. Read the original article. Supporters of the Bears Ears and Grand Staircase-Escalante national monuments during a rally Saturday, Dec. 2, 2017 in Salt Lake City. AP Photo/Rick Bowmer On Dec. 4, President Trump traveled to Utah to sign proclamations downsizing Bears Ears National Monument by 85 percent …

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Ryan Zinke’s Troubling Remarks Undercut Dept. of Interior’s Core Mission

Comments to Oil Trade Association Attack Agency Staff, Dismiss Environmental Safeguards

At a recent meeting of the American Petroleum Institute (the national oil company trade association), Interior Secretary Ryan Zinke made clear some of his plans for the Department of the Interior.  According to AP reporting, he called almost 1/3 of employees disloyal, said he plans to speed up oil and logging permits, and revealed a …

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The Trump Administration’s Arbitrary Review of National Monuments

Zinke’s review has been anything but transparent

Last Thursday, Secretary Zinke submitted a report to President Trump, recommending changes to national monuments. Although Trump’s Executive Order in April called for a “final report” within 120 days–the deadline was Thursday–the Interior Department’s press release called the report a “draft.” And as Holly Doremus explained on this blog, it has still not been made …

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National Monuments: a Rebuttal to Commentators who Support Trump’s Actions to Undo Public Lands Protections

This post is co-authored with Sean Hecht. For the past three months, Secretary of the Interior Ryan Zinke has been reviewing some of the national monuments designated under the Antiquities Act by Presidents Obama, Bush, and Clinton. Since the end of last year, we and others at Legal Planet have been writing on the scope …

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National Monuments Update

Interior Department releases interim report, recommends changes to Bears Ears National Monument

Interior Secretary Ryan Zinke released his interim report yesterday on Bears Ears National Monument, recommending that President Trump re-draw the monument’s boundaries. Secretary Zinke’s report misreads both the Antiquities Act and President Obama’s 2016 Proclamation that created Bears Ears National Monument, and any move by President Trump to downsize the monument without an act of Congress …

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New Article Provides In-Depth Analysis of Limits to Presidential Authority Under the Antiquities Act

Analysis By Faculty at UCLA, University of Colorado, and UC Berkeley Concludes that Congress Alone, and Not the President, May Eliminate or Shrink National Monuments

[Updated June 12, 2017 to reflect availability of final published article] Mark Squillace of University of Colorado, Eric Biber of UC Berkeley, my UCLA colleague Nick Bryner, and I have co-authored a short academic article (published in Virginia Law Review Online) about the President’s authority to abolish or shrink national monuments.  This article provides detailed historical research and …

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Politicians and Commentators Who Criticize Recent National Monuments Are Making Up Their Own Version of History

Republican Presidents from Teddy Roosevelt to Herbert Hoover Designated Millions of Acres Under the Antiquities Act

As several colleagues and I noted here recently, President Trump recently issued an executive order that will result in “review” of national monuments created since 1996.  (The Antiquities Act grants Presidents the authority to reserve federal lands as national monuments, protecting them from much new resource extraction and development that would otherwise potentially be available on those …

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National Monuments: Presidents Can Create Them, But Only Congress Can Undo Them

Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht

Bears Ears National Monument, Utah. Bob Wick, BLM/Flickr, CC BY This article was originally published on The Conversation. Read the original article. On April 26 President Trump issued an executive order calling for a review of national monuments designated under the Antiquities Act. This law authorizes presidents to set aside federal lands in order to …

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National Monuments Under Trump

Does the Antiquities Act give the President the authority to revoke national monument designations?

Debate on the Antiquities Act continues in the early months of the Trump Administration. Opponents of Obama’s recently-proclaimed Bears Ears National Monument (see earlier post) have pushed for Trump to revoke or significantly alter the designation, fueling debate as to whether a president has the authority under the Antiquities Act to do so. By way …

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