• Federal Court Upholds Biden Administration Redesignation of Bears Ears and Grand Staircase-Escalante National Monuments

    August 14, 2023

    In an important win for preservation, on Friday, August 11, 2023, the Utah Federal District Court granted the federal government’s motion to dismiss challenges to the redesignation of the Bears Ears and Grand Staircase-Escalante National Monuments. This ruling upholds the Biden administration’s October 2021 proclamations to redesignate them.

    “This court decision represents an important precedent upholding the protection of our natural and cultural heritage,” said Elizabeth Merritt, deputy general counsel at the National Trust for Historic Preservation. "It's an extremely gratifying victory."

    The Utah Attorney General has already filed an appeal of the court’s ruling, and the National Trust intends to participate in that appeal to support full protection of the Bears Ears National Monument.

    The National Trust was part of a broad and diverse coalition that went to court back in 2017 to challenge President Trump’s attempt to revoke the original designation of Bears Ears National Monument by President Obama. That litigation became unnecessary when President Biden redesignated the national monuments in October 2021.

    Learn more about the ruling via The Salt Lake Tribune.

  • National Trust for Historic Preservation Stands Up For Bears Ears in New Litigation

    November 23, 2022

    The National Trust for Historic Preservation and our partners are fighting in court on behalf of Bears Ears National Monument. On Wednesday, November 23, 2022, the National Trust and a coalition of likeminded organizations filed a Motion to Intervene in a lawsuit against the State of Utah. The coalition includes Utah Diné Bikéyah, Patagonia Works, Archaeology Southwest, Conservation Lands Foundation, Friends of Cedar Mesa, the Access Fund, and the Society of Vertebrate Paleontology.

    The area encompassing Bears Ears was first included on the list of America’s 11 Most Endangered Historic Places in 2019, and the National Trust has strongly opposed proposals that would shrink its full 1.9 million acre landscape.

    Read more on National Parks Traveler website.

    Bears Ears, Utah

    photo by: Lusha Evans

  • President Biden Restores Bears Ears National Monument

    October 8, 2021

    Great news! President Biden has issued a proclamation to restore Bears Ears National Monument in southeast Utah. The previous administration issued a proclamation reducing the size of Bears Ears National Monument.

    With this action by President Biden, full protections are back in place for Bears Ears, an area rich with archaeological resources, prehistoric cliff dwellings, paleontological resources, and sites sacred to many Native American tribes. The National Trust, regional, and tribal partners have worked tirelessly to re-establish protection for Bears Ears and preserve the integrity of the Antiquities Act of 1906. President Biden’s executive action is a significant win for historic preservation and public lands.

    Please join us in thanking President Biden for this historic announcement. We’re eager to continue the important work of saving places, together.

    Bears Ears National Monument, Utah

    photo by: Tim Peterson

    Bears Ears National Monument at sunset.

  • Bears Ears Litigation on Hold While Biden Administration Completes Review

    March 24, 2021

    On January 20, President Biden issued an executive order directing the Secretary of the Interior to review the revocation of the Bears Ears National Monument, Grand Staircase-Escalante National Monument, and the Northeast Canyons and Seamounts Marine National Monument. While the executive order included a 60-day review deadline, following the recent confirmation of Secretary of the Interior Deb Haaland, where she committed to visiting Utah, this initial recommendation deadline has been extended.

    In the meantime, because of the executive order, and with the consent of the National Trust and other litigating parties, the lawsuit challenging the revocation of Bears Ears National Monument has been temporarily put on hold. The key question in that litigation is whether Congress delegated the president's authority under the Antiquities Act of 1906 to revoke monument designations. While the case had been fully briefed for some time, the D.C. federal district court has stayed the litigation until June and ordered the parties to provide periodic updates to the court. The National Trust and our many partners continue to communicate our support for restoring the national monument and restarting the monument management planning process to ensure that the area is adequately protected.

  • New Executive Order on Bears Ears National Monument

    February 24, 2021

    As one of his first acts in office, President Biden issued an executive order on January 20 directing the Secretary of the Interior to review the revocation of the Bears Ears National Monument, Grand Staircase-Escalante National Monument, and the Northeast Canyons and Seamounts Marine National Monument. The Secretary is required to complete the review and submit a report to the president within 60 days with recommendations for actions consistent with the Antiquities Act.

    The National Trust has been participating in a lawsuit challenging the revocation of Bears Ears National Monument for several years. The case has been fully briefed since last summer and is awaiting a decision by the D.C. federal district court. The key question in that litigation is whether Congress delegated the president authority under the Antiquities Act of 1906 to revoke monument designations.

    As a result of President Biden’s Executive Order, the court has set a deadline of March 5, 2021, for the government to indicate whether the litigation should be stayed while the Secretary completes the review process. It is widely anticipated that legal protections for these monuments may ultimately be restored, and the National Trust has communicated our support for restoration to incoming officials. The National Trust will continue to be deeply engaged not only to protect Bears Ears, but also to maintain the integrity of the Antiquities Act.

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