The ongoing dispute in Utah, regarding President Joe Biden’s re-establishment of Bears Ears and Grand Staircase-Escalante national monuments, is set to hinge primarily on judicial review, according to legal experts. This issue is making its way to the Tenth Circuit Court where attorneys express that the court’s considerations will be watched with great interest.
This case stems from Utah’s challenge to President Biden’s move to reinstate the national monuments initially established under the Obama administration and subsequently reduced by the Trump administration. Most notably, the resolution of this conflict may result in a significant precedent relating to the power and limitations of the Antiquities Act, the legislation used by presidents to designate national monuments.
Currently, the state of Utah and two of its counties are calling for the US Court of Appeals for the Tenth Circuit to halt presidential utilization of the Antiquities Act for the creation of broad national monuments. This is a legal question aimed ultimately for the US Supreme Court. However, expectations are that the appeal court in Garfield County v. Biden may avoid directly addressing this question.
According to experts, judicial review could serve as the largest question before the Tenth Circuit. They anticipate that the court’s verdict may directly influence future monument declarations and retractions. Nonetheless, we should note that larger monuments are supported by a century of precedent, a significant factor in this case.
For further details on the legal battle over the Biden monument dispute in Utah, view the original article here.