Title: DOJ’s New Opinion Could Reshape National Monument Protections in Utah
A recent legal opinion from the U.S. Department of Justice (DOJ) may pave the way for significant changes to national monument protections, specifically affecting Grand Staircase-Escalante and Bears Ears in southern Utah. Released on May 27, 2025, the DOJ’s Office of Legal Counsel asserts that the sitting president has the authority to fully revoke or reduce national monument designations under the Antiquities Act of 1906, challenging nearly a century of legal precedent that stated only Congress could make such changes.
The memo overturns a 1938 ruling, potentially leading to untested and contentious legal waters. This shift recalls actions taken by former President Donald Trump, who in December 2017 significantly reduced the boundaries of Bears Ears by 85% and Grand Staircase-Escalante by nearly 50%. These changes were reversed under President Joe Biden in October 2021, but faced legal challenges from Utah’s government.
Currently, Trump is reportedly reviewing at least six monuments, part of a broader “Unleashing American Energy” strategy to open lands for mineral extraction. The new DOJ opinion aligns with a political push in Utah to weaken the Antiquities Act, which some critics argue allows for excessive presidential control over public lands.
Responses from Utah politicians vary. Senator Mike Lee (R-UT) decries monument designations as "predatory," while Governor Spencer Cox expresses a more moderate position, emphasizing the need for the Antiquities Act to be used as intended.
As legal uncertainties loom, any move by Trump to alter the monument protections would likely meet immediate legal resistance from various stakeholders, including tribes and local economies. Steve Bloch, legal director for the Southern Utah Wilderness Alliance, remains optimistic about the chances to uphold protections in court, indicating the debate could escalate to the U.S. Supreme Court.
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