national monuments

Zinke’s Report Recommends Downsizing or Loosening Restrictions in 10 National Monuments

Report Lacks Details on Boundaries but Recommends Management Changes to Permit Wider Range of Uses

Late last night, the Washington Post reported that Secretary Ryan Zinke had recommended making changes–by downsizing and/or by loosening restrictions–to a total of 10 national monuments. The list of monuments goes beyond what had been reported last month. The Post released a leaked copy of Zinke’s recommendations that were submitted to President Trump on August …

CONTINUE READING

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 …

CONTINUE READING

Why isn’t Interior publicly releasing its monuments review?

Secretary Zinke announced that his Department has submitted its review of national monuments to the President, but he’s not ready to let you and me see it

Today, the Department of Interior announced that it had sent to the White House its report of the review demanded by an April Executive Order of national monument designations under the Antiquities Act over the last 20 years. In an ordinary world, I would have expected that announcement to be accompanied by a link to …

CONTINUE READING

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 …

CONTINUE READING

Law professor comments on national monuments review

Leading natural resource and environmental law professors comment on Trump review of national monuments

As we’ve been covering here on Legal Planet, the Trump Administration is conducting a review of national monuments created over the past 20 years, and has indicated it may seek to eliminate or shrink some of those monuments.  Part of that process is a public comment period.  (You can comment here, deadline is July 10.)  …

CONTINUE READING

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 …

CONTINUE READING

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 …

CONTINUE READING

Public Lands Watch: Comment Period on National Monuments

You can share your thoughts on Interior’s review of National Monuments

As we have noted in earlier posts, President Trump issued an executive order calling for the Interior Department to review a range of National Monuments created over the past 16 years through Presidential proclamations.  The Interior Department has recently announced a public comment period for that review.  If you are interested in sharing your comments …

CONTINUE READING

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 …

CONTINUE READING

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 …

CONTINUE READING

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING