Defying Tribes and Public Opinion, Trump Slashes Utah National Monuments by Two Million Acres

The president gutted Bears Ears and cut Grand Staircase-Escalante in half, but experts say he鈥檚 on shaky legal ground.

After months of rumors, leaked memos, and unverified reports, President Trump today announced his decision to cut some two million acres from a pair of national monuments in Utah, making official what conservation and tribal groups have feared. The decision鈥攚hich opponents will challenge in the courts鈥攃ould open the door to oil and gas drilling, coal and uranium mining, logging, and other development, raising concerns about what effect those activities will have on wildlife and sacred tribal sites on these and other public lands.

During a brief visit to the Utah Capitol, the president announced he is shrinking Bears Ears National Monument by 83听percent, from the 1.35 million acres set aside by Barack Obama in 2016 to 228,784 acres. Trump also is cutting Grand Staircase-Escalante National Monument鈥攃reated in 1996 by Bill Clinton鈥攏early in half, from 1.9 million acres to just over one million acres.听The acreage slashed from Bears Ears is larger than the听preliminary figures reported over the summer.听

The proclamations Trump signed听not only diminish听the protected acreage but also divide听it, with Bears Ears split into two separate monuments and Grand Staircase-Escalante carved into three. The redrawn boundaries mean that significant archaeological sites鈥攁nd significant coal, uranium, and oil听deposits鈥攏ow lie outside the monuments.听

Trump argued that his predecessors听have exploited听the听1906 Antiquities Act,听which gives presidents the power to create monuments on federal land through proclamations that often restrict听industrial activities.听鈥淧ast administrations have severely abused the purpose, spirit, and intent of a century-old law known as the Antiquities Act,鈥 he told a gathering of supporters, 鈥渁nd听used the law to lock up hundreds of millions of acres of land and water under strict government control.鈥

But conservationists take the opposite view, maintaining that the president's move runs counter to the spirit of the Antiquities Act and public opinion, and puts wildlife at risk.听鈥淭his unprecedented perversion of the Antiquities Act is a national stain on a record that goes back more than one hundred years,鈥溙鼶avid Yarnold, 探花精选 president and CEO, said in a statement. 鈥淩eversing a century of conservation foresight to cater to extreme interests leaves everyone poorer and sets a dangerous precedent.鈥

to oppose the decision.听 has been outspoken in, calling it one of the most significant archaeological areas in the country, and noting that it contains the largest contiguous critical habitat for the Mexican Spotted Owl.听More than 200 bird species can be found in Grand Staircase-Escalante, including the endangered Southwestern Willow Flycatcher and California Condor. Bears Ears provides habitat for Golden Eagles, Hairy Woodpeckers, Mountain Bluebirds, and听many other species.

A coalition of tribal groups that lobbied for creating Bears Ears also rebuked the president鈥檚 decision, saying it wipes out protection for numerous sacred sites. 鈥淎n action to diminish the Bears Ears National Monument in any way will be an action against the Navajo Nation and the Navajo people who have worked so tirelessly to protect these lands,鈥 Russell Begaye, president of the Navajo Nation, . 鈥淛ust as the Navajo Nation fought for the creation of the monument, the Nation now stands ready to defend the full 1.35-million-acre monument.鈥

Political leaders in Utah have been among the most outspoken critics of the monuments, calling their creation through the Antiquities Act听executive overreach. However, a majority of Utahns want听the monuments to remain unchanged, according to an annual released by Colorado College. Additionally, more than 99 percent of Americans who weighed in during a public comment period .

There鈥檚 a good chance Trump isn鈥檛 done diminishing national monuments. As 探花精选 reported, Secretary of the Interior Ryan Zinke in September recommended shrinking Gold Butte in Nevada and Cascade-Siskiyou in Oregon听along with the two axed today. Zinke also called for lifting restrictions on 鈥渢raditional uses鈥 such as grazing, timber harvesting, and coal mining, and opening marine monuments to commercial fishing. Trump called on Zinke鈥檚 department in April to review monuments of 100,000 acres or more established through the Antiquities Act by the previous three presidents.

Legal experts say it鈥檚 not certain听that Trump has the authority to shrink national monuments. 鈥淭hese are going to be the first diminishments of monuments that are challenged in the courts,鈥 says Mark Squillace, a natural resources law professor at University of Colorado Boulder. 鈥淭he Antiquities Act gives the president the authority to reserve land, but it says nothing about the power to modify or revoke.鈥 (He argued as much in under the unambiguous title, 鈥淧residents Lack the Authority to Abolish or Diminish National Monuments.鈥) The administration鈥檚 鈥渞epeal and replace鈥澨齛pproach of abolishing two monuments and creating five new ones, rather than just shrinking them, could come back to bite it in the courts, Squillace adds.

Steve Bloch, legal director for the Southern Utah Wilderness Alliance, uses the same phrase to outline his group鈥檚 position. 鈥淥ur view of what Trump is trying to do is akin to a 鈥檙epeal and replace鈥櫶齛pproach to the monuments,鈥 he says. 鈥淭hough he鈥檚 trying to pitch it as modifications or diminishments, they鈥檙e clearly not. He鈥檚 essentially scrapping the Bears Ears monument and creating two smaller monuments.鈥 A federal judge in 2004 to Clinton鈥檚 creation of Grand Staircase-Escalante, Bloch adds, ruling that the monument鈥檚 boundaries were drawn as narrowly as possible to protect archaeological sites, fossils, and other items of scientific and historical value.

Bloch says his group鈥攁long with national environmental organizations, outdoor retailers, and tribal bodies鈥攚ill file suit to oppose Trump鈥檚 decision. 鈥淲ithin days,鈥 he says, 鈥渋f not hours.鈥