US Justice Department says Trump can cancel national monuments that protect landscapes

US Justice Department Affirms Trump's Authority to Revoke National Monument Status

BILLINGS, Mont. (AP) — Attorneys for President Donald Trump’s administration assert that he holds the power to dismantle national monuments designed to preserve historical and archaeological sites across expansive areas, including two in California established by his predecessor at the behest of Native American tribes.

A legal opinion from the Justice Department, released Tuesday, rejected a 1938 determination that prior presidents’ monuments under the Antiquities Act are irrevocable. The department stated that presidents can rescind monument designations if protections are deemed unnecessary.

This conclusion emerges as the Interior Department under Trump evaluates adjustments to monuments nationwide as part of the administration’s drive to enhance U.S. energy production.

Sen. Martin Heinrich of New Mexico, the ranking Democrat on the Senate Natural Resources Committee, said that at Trump’s order, “his Justice Department is attempting to clear a path to erase national monuments.”

Trump in his first term reduced the size of Bears Ears and Grand Staircase Escalante National Monuments in Utah, calling them a “massive land grab.” He also lifted fishing restrictions within a sprawling marine monument off the New England Coast.

Former President Joe Biden reversed the moves and restored the monuments.

The two monuments singled out in the newly released Justice Department opinion were designated by Biden in his final days in office: Chuckwalla National Monument, in Southern California near Joshua Tree National Park, and Sáttítla Highlands National Monument, in Northern California.

The Democrat’s declarations for the monuments barred oil and natural gas drilling and mining on the 624,000-acre (2,400-square-kilometer) Chuckwalla site, and the roughly 225,000 acres (800 square kilometers) Sáttítla Highlands site near the California-Oregon border.

Chuckwalla has natural wonders including the Painted Canyon of Mecca Hills and Alligator Rock, and is home to rare species of plants and animals like the desert bighorn sheep and the Chuckwalla lizard. The Sáttítla Highlands include the ancestral homelands of the Pit River Tribe and Modoc Peoples.

All but three presidents have used the 1906 Antiquities Act to protect unique landscapes and cultural resources. About half the national parks in the U.S. were first designated as monuments.

But critics of monument designations under Biden and Obama say the protective boundaries were stretched too far, hindering mining for critical minerals.

Deputy Assistant Attorney General Lanora Pettit wrote in the Trump administration opinion that Biden’s protections of Chuckwalla and the Sattítla Highlands were part of the Democrat’s attempts to create for himself an environmental legacy that includes more places to hike, bike, camp or hunt.

“Such activities are entirely expected in a park, but they are wholly unrelated to (if not outright incompatible with) the protection of scientific or historical monuments,” Pettit wrote.

Trump in April lifted commercial fishing prohibitions within an expansive marine monument in the Pacific Ocean created under former President Barack Obama.

Environmental groups said Tuesday’s Justice Department opinion doesn’t give him the authority to shrink monuments at will.

“Americans overwhelmingly support our public lands and oppose seeing them dismantled or destroyed,” said Axie Navas with The Wilderness Society.

Biden established 10 new monuments, among them the site of a 1908 race riot in Springfield, Illinois, and another on a sacred Native American site near the Grand Canyon.

Since 1912, presidents have issued more than a dozen proclamations that diminished monuments, according to a National Park Service database.

Dwight Eisenhower was most active in undoing the proclamations of his predecessors as he diminished six monuments, including Arches in Utah, Great Sand Dunes in Colorado and Glacier Bay in Alaska, which have all since become national parks.

Trump’s moves to shrink the Utah monuments in his first term were challenged by environmental groups that said protections for the sites safeguard water supplies and wildlife while preserving cultural sites.

The reductions were reversed by Biden before the case was resolved, and it remains pending.

President Theodore Roosevelt signed the Antiquities Act after lobbying by educators and scientists who wanted to protect sites from artifact looting and haphazard collecting by individuals. It was the first law in the U.S. to establish legal protections for cultural and natural resources of historic or scientific interest on federal lands.

You May Also Like

NYT writer Nikole Hannah-Jones sent daughter to troubled schools as a 'sacrifice' — and it backfired

Nikole Hannah-Jones Says Sending Daughter to Struggling Schools as a ‘Sacrifice’ Backfired

Nikole Hannah-Jones, the journalist behind The New York Times’ controversial 1619 Project,…
Detroit family claims funeral home presented another woman's body at viewing

Detroit Family Says Funeral Home Showed Wrong Woman’s Body at Viewing

A Detroit family says a funeral home displayed an unidentified woman wearing…
1B Barrels Through Hormuz, ‘Ironclad Blockade’ Holds Iran at 0

1 Billion Barrels Pass Through Strait of Hormuz as Iran Oil Exports Remain at Zero Under Blockade

U.S. forces have helped move more than one billion barrels of crude…
Michael Goodwin: Iran will be top of mind at the UN — and Trump as a chance to strike a deal

Michael Goodwin: Iran Takes Center Stage at UN as Trump Sees Opening for a Deal

Welcome to “hell week” in New York City, when Manhattan’s already punishing…
Lawsuit says Anthropic, OpenAI, SpaceXAI and Google made illegal agreement on AI development slowdown

Lawsuit Alleges Anthropic, OpenAI, SpaceXAI and Google Made Illegal AI Development Slowdown Pact

Anthropic, OpenAI, SpaceXAI and Google are accused in a new lawsuit of…
Cassidy says Trump needs to be

Sen. Cassidy Says Trump Needs to Be Held Accountable

Washington — Louisiana Republican Sen. Bill Cassidy on Sunday called on the…
Michigan city and mayor face civil rights lawsuit

Michigan City and Mayor Sued in Civil Rights Lawsuit

A federal lawsuit filed Thursday claims Dearborn used thousands of taxpayer dollars…
Hamas allegedly built weapons depots across Europe, planned terror attacks as Oct 7 anniversary neared

Hamas Allegedly Built European Weapons Depots, Planned Attacks

Germany’s federal prosecutor has indicted seven people accused of obtaining weapons for…
9/11 families target Saudi Arabia nuclear deal

9/11 Families Fight Saudi Nuclear Deal, Demand Accountability

Families who lost loved ones in the Sept. 11 attacks are preparing…
Clancy holdout juror taps former Trump lawyer to fight back as he’s ‘dragged through the mud’: attorney

Lindsay Clancy Holdout Juror Vows to Speak Out as Lawyer Warns of Public Attacks

Lindsay Clancy trial holdout juror defends vote The Lindsay Clancy case ended…
Arizona 'goon' Talyn Vigil arrested for 3rd time while awaiting trial for allegedly killing teen in mob attack

Talyn Vigil Arrested 3rd Time While Awaiting Teen Death Trial

An Arizona “Gilbert Goons” gang member accused of killing a teenager in…
Cops flush homecoming prank plans after seizing 650 toilet paper rolls in ‘Operation Clean Sweep’

Police Seize 650 Toilet Paper Rolls, Foil Homecoming Prank

After urging students to keep homecoming pranks under control, an Illinois police…