Utah is leading a battle over control of public lands, with New Mexico and other Western states caught in the crosshairs.
Utah's Republican officials want to sell off nearly 20 million acres and have enlisted 13 other states in a lawsuit headed to the U.S. Supreme Court. The lawsuit argues the federal government should not control Bureau of Land Management parcels within Utah's border, and per the Constitution can only own a state's military bases.
Jesse Deubel, executive director of the New Mexico Wildlife Federation, explained the importance of the case.
"The consequences of this are far more reaching than just the BLM, and it's also far more reaching than just the state of Utah," Deubel stressed. "This would affect public lands everywhere."
If the high court agrees with Utah's argument the federal government cannot hold public lands indefinitely, Deubel pointed out federal ownership of national parks, forests or wildlife refuges could be challenged.
Because the U.S. has 640 million acres of federally managed public lands, Deubel acknowledged it is no surprise some people want them privatized, which would keep the majority of people from enjoying them as recreational spaces.
"They're viewing it as being untapped wealth," Deubel contended. "I would argue that our federally managed public lands are actually owned by the people, and the BLM or the U.S. Forest Service, those are the management agencies that we've hired to manage the lands that we own."
He noted the Texas group, American Stewards of Liberty, which advocates for private property rights, is behind Utah's effort to overturn ownership of public lands.
"There's been part of a narrative that said that 'The state of Utah wants to get its land back from the federal government,'" Deubel observed. "The reality is, none of the BLM land that's in question here was ever owned by the state of Utah. It was federal land when Utah became a state, it's federal land today. There's nothing to take back."
Western states including Idaho, Alaska, Wyoming and Arizona have signed onto the lawsuit, along with Alabama, Arkansas, Iowa, Mississippi, Nebraska, North Dakota, South Carolina, South Dakota and Texas.
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The U.S. Supreme Court has opted not to hear a lawsuit brought by the State of Utah, which alleged the federal government's ownership of large parts of the state is unconstitutional.
The decision marks a win for conservation advocates.
Olivia Juarez, public land program director for the nonprofit GreenLatinos, said Utahns now will not have their tax dollars used to fund what they call the state's "ill-founded lawsuit and disinformation campaign." Utah had made the effort to seize public lands administered by the Bureau of Land Management.
Juarez acknowledged with a Republican-dominated Congress, similar efforts may return.
"We are better set up to fight against some of the biggest challenges that the Trump administration is going to pose to the American public," Juarez contended. "Two of them namely being the climate and biodiversity crisis and also a cultural crisis about belonging."
Juarez pointed out public lands represent the origins of American and pre-American history. The case marks the latest setback for states looking to gain control of public lands, some of which hold valuable oil and gas, timber and other resources. Utah state leaders have said they have not ruled out taking their suit to a lower court.
The nomination hearing for Donald Trump's pick for Interior Secretary, North Dakota Gov. Doug Burgum, is scheduled for this Thursday. The new administration will inherit a number of challenges, including disputes over conservation leases on Bureau of Land Management lands.
Juarez argued the multiple-use doctrine for public lands should be upheld.
"That rule will be under attack by the incoming Congress and presidential administration," Juarez noted. "It'll be important to reaffirm to the next secretary that conservation is a use that is valuable, economically as well as culturally."
Juarez added last weekend, public lands and conservation advocates rallied in Salt Lake City to show their support for protecting public lands across the Beehive State like the Bears Ears and Grand Staircase-Escalante National Monuments.
"Our goal was to bring people together at a time that it feels good," Juarez stressed. "It's a really hopeful moment for the nation's will to treat public lands as a solution to climate disaster, rather than making them part of the problem."
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The White House announced two new national monuments in California on Tuesday, one just east of Palm Springs and the other near Shasta Lake.
A signing ceremony will take place next week, as the unveiling event was postponed due to high winds.
Rep. Raul Ruiz, D-Calif., whose district includes parts of the new 624,000 acre Chuckwalla National Monument, said the lands will now be protected from mining, drilling and development.
"This is one of these unique examples where you have both the conservation and tribal leaders, as well as the renewable energy and utility companies all endorsing this enormous monument," Ruiz explained.
The area south of Joshua Tree National Park is crucial habitat for the Chuckwalla lizard, bighorn sheep and the endangered desert tortoise.
Sen. Adam Schiff, D-Calif., said although President-elect Trump rescinded protections for some monument lands during his first administration, he hopes the two new monuments will endure.
"If the President-elect talks to the parties who really span the spectrum of interests, he will learn how this was a really well-thought-out effort to conserve this land but also make it possible to generate energy," Schiff asserted. "It's a win-win."
Thomas Tortez, former chairman of the Torres Martinez Tribe, noted his ancestral lands will now gain protections.
"The next step is to strategically develop a co-stewardship plan, put all those resources together and then, start to protect the land," Tortez added.
The White House also intends to designate the new Sátíttla Highlands National Monument, which covers 224,000 acres near Shasta Lake in northern California and contains the headwaters for California's entire watershed.
Brandy McDaniels, a member of the Pit River Tribe, said they have been fighting development in the area for decades.
"As social, economically suppressed communities, having to fight against people with deep pockets and have all the money in the world to come in and destroy our lands," McDaniels observed. "That's what we've been fighting to protect for a very long time."
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The 640-acre Kelly parcel has been in limbo for decades. It sits within the bounds of Grand Teton National Park but has long been owned by the state of Wyoming.
Now, $100 million and years of work later, the parcel now belongs to the park. The sale, which closed Dec. 27, was a slow process because the parcel was part of state-owned school trust lands which, according to the state Constitution, must benefit Wyoming students.
A 2003 law made it possible for the sale of such lands to count. Monies came from the Land and Water Conservation Fund and the Grand Teton National Park Foundation.
Leslie Mattson, president of the foundation, said the deal has huge benefits.
"It's kind of a 'twofer' property," Mattson explained. "Not only are we benefiting future students here in Wyoming but this property is a very, very important wildlife habitat and has migration corridors for a number of species on it."
The parcel nearly went to auction in 2023, she said, when it could have gone to private developers. Its protection also conserves critical wildlife habitat and migration corridors for elk, pronghorn and mule deer, including the longest land migration corridor in the lower 48, according to the National Park Service.
Mattson pointed out donations came from people across 46 states, and more 10,000 Wyomingites wrote letters or attended public meetings to prevent the parcel from being sold to developers.
"There was a period of time we were getting dozens of gifts a day with emails saying, 'the wildlife need to be preserved,'" Mattson recounted. "It was amazing to see just the interest across the country in this project."
The parcel was the final state-owned school trust inholding in the park, following the purchase of Antelope Flats for $46 million in 2016.
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