What others say: Courts will decide monuments action

  • By The Daily Sentinel editorial
  • Wednesday, December 6, 2017 9:04pm
  • Opinion

Among the more troubling aspects of President Donald Trump’s justification for shrinking two national monuments in Utah is his suggestion that federally managed public lands essentially belong to the people in the state.

“No one values the splendor of Utah more than you do,” Trump told an enthusiastic crowd Monday as he announced proclamations dramatically shrinking Bears Ears and Grand Staircase-Escalante, “and no one knows better how to use it.”

Trump repeatedly returned to the theme that he was righting the wrong of federal overreach by wresting control of natural resources in Utah from a few Washington bureaucrats and returning it to the people.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

But which people? Certainly not the five Native American tribes that consider Bears Ears sacred and pushed for the creation of the monument. Tribal leaders representing the Navajo, Hopi, Pueblo of Zuni, Ute Mountain and Ute Indians said they will take the Trump administration to court to challenge the action on Bears Ears. Other groups are planning to sue over Grand Staircase-Escalante.

The president’s action wasn’t some surprise out of left field. It was foretold by an opaque process of evaluating monuments created since 1996, which resulted in Interior Secretary Ryan Zinke’s recommendation to change the boundaries of six of the 27 monuments under review. But details were withheld until Trump’s announcement provided specifics on the two Utah monuments.

Ironically, the legal argument challenging Trump’s action is that it amounts to presidential overreach — an accusation Trump has leveled often at his Democratic predecessors.

The notion that a president can actually shrink or abolish a monument is of questionable legality. Legal experts say that has historically been the role of Congress. Meanwhile, 16 presidents have used the Antiquities Act to create public lands monuments, including some of Colorado’s most exemplary natural treasures: the Great Sand Dunes, Browns Canyon, Chimney Rock, and our own Colorado National Monument.

As unsettling as we find the president’s unprecedented action, he’s pushed the envelope so far on this issue that at least we’ll get some legal clarity out of this controversy.

The implications are huge. If Trump’s legal interpretation of the Antiquities Act wins the day, future presidents could alter any monument established by their predecessors. That means the potential to open once protected areas for all kinds of development.

For now, Trump’s decision on Utah monuments looks like a win for Utah’s Republicans in Congress, fossil fuel companies and anyone who thinks monument designations strangle revenue and limit access. But in a 2017 poll of seven Western states, 80 percent of voters supported keeping protections for existing national monuments — suggesting that a president who mounted a sustained assault on those protections could pay a political price.

It’s going to be up to the courts to determine if the president has the green light to test the public’s appetite for more of this anti-conservation agenda.

— The (Grand Junction, Colorado) Daily Sentinel,

Dec. 5

More in Opinion

Gov. Mike Dunleavy (R-Alaska) speaks to reporters about his decision to veto an education funding bill at the Alaska State Capitol on Thursday, April 17, 2025. (Jasz Garrett / Juneau Empire file photo)
Opinion: The fight for Alaska’s future begins in the classroom

The fight I’ve been leading isn’t about politics — it’s about priorities.

Dick Maitland, a foley artist, works on the 46th season of “Sesame Street” at Kaufman Astoria Studios in New York, Dec. 15, 2025. (Ariana McLaughlin/The New York Times)
Opinion: Trump’s embarrassing immaturity Republicans won’t acknowledge

Sullivan should be embarrassed by the ignorance and immaturity the president is putting on display for the world to see.

Rep. Justin Ruffridge, R-Soldotna, speaks in support of debating an omnibus education bill in the Alaska House Chambers on Monday, Feb. 19, 2024 in Juneau, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Capitol Corner: Choosing our priorities wisely

Rep. Justin Ruffridge reports back from Juneau.

Sen. Jesse Bjorkman, R-Nikiski, speaks in support overriding Gov. Mike Dunleavy’s veto of House Bill 69 at the Alaska Capitol in Juneau, Alaska, on Tuesday, April 22, 2025. (Mark Sabbatini/Juneau Empire)
Capitol Corner: As session nears end, pace picks up in Juneau

Sen. Jesse Bjorkman reports back from Juneau.

Alaska Department of Education and Early Development Commissioner Deena Bishop and Gov. Mike Dunleavy discuss his veto of an education bill during a press conference March 15, 2024, at the Alaska State Capitol. (Mark Sabbatini/Juneau Empire file photo)
Opinion: Strong policy, proven results

Why policy and funding go hand in hand.

Former Gov. Frank Murkowski speaks on a range of subjects during an interview with the Juneau Empire in May 2019. (Michael Penn / Juneau Empire File)
Opinion: The Jones Act — crass protectionism, but for whom?

Alaska is dependent on the few U.S.-built ships carrying supplies from Washington state to Alaska.

Cook Inlet can be seen at low tide from North Kenai Beach on June 15, 2022, in Kenai, Alaska. (Photo by Erin Thompson/Peninsula Clarion)
Opinion: Solving the Cook Inlet gas crisis

While importing LNG is necessary in the short term, the Kenai Peninsula is in dire need of a stable long-term solution.

Sockeye salmon caught in a set gillnet are dragged up onto the beach at a test site for selective harvest setnet gear in Kenai, Alaska, on Tuesday, July 25, 2023. (Jake Dye/Peninsula Clarion)
Capitol Corner: Creating opportunities with better fishery management

Sen. Jesse Bjorkman reports back from Juneau.

The ranked choice outcome for Alaska’s U.S. Senate race is shown during an Alaska Public Media broadcast on Nov. 24, 2022. (Alaska Division of Elections)
Opinion: Alaska should keep ranked choice voting, but let’s make it easier

RCV has given Alaskans a better way to express their preferences.

The Alaska State Capitol on March 1. (Ashlyn O’Hara/Peninsula Clarion)
Opinion: Keep Alaska open for business

Our job as lawmakers is to ensure that laws passed at the ballot box work effectively on the ground.

Image provided by the Office of Mayor Peter Micciche.
Opinion: Taxes, adequate education funding and putting something back into your pocket

Kenai Peninsula Borough taxpayers simply can’t make a dent in the education funding deficit by themselves, nor should they be asked to do so.

Brooke Walters. (Courtesy photo)
Opinion: A student’s letter to the governor

Our education funding is falling short by exuberant amounts.