NRDC et al. v. Trump (Bears Ears)
On December 4, 2017, President Trump signed proclamations dismantling two national monuments, Bears Ears and Grand Staircase-Escalante, both in southern Utah. The move stripped legal protections from nearly two million acres of federal public lands that hold incomparable archaeological, paleontological, cultural, and natural significance.
The ancestral homeland of several Native American tribes—the Navajo Nation, Hopi Tribe, Ute Indian Tribe, Ute Mountain Ute Tribe, and Pueblo of Zuni—Bears Ears National Monument encompasses thousands of archaeological sites, including dwellings, kivas, granaries, and rock art. The land remains culturally and religiously important to the tribes today. Bears Ears also represents one of the most pristine, road-free areas in the contiguous United States, featuring a rugged labyrinth of sandstone canyons, cliffs and rock arches, meadows, and desert mesas.
President Trump’s proclamation slashed Bears Ears by roughly 85 percent, replacing it with two much smaller, noncontiguous monument “units” and leaving the rest of the area open to harmful developments such as uranium mining, oil and gas drilling, road construction, and the use of mechanized vehicles.
Within hours of President Trump’s proclamation, five Native American tribes filed a lawsuit in federal court in D.C., challenging the president’s action as unlawful. Two days later, NRDC and a coalition of other environmental groups followed with our own lawsuit. (We filed a similar lawsuit over Grand Staircase-Escalante earlier the same week.) A third group of plaintiffs—including grassroots organization Utah Diné Bikéyah, outdoor retainer Patagonia, and others—also sued.
As all three lawsuits explain, President Trump has neither constitutional nor statutory authority to dismantle national monuments. In January 2018, the district court consolidated all three lawsuits.
The federal defendants moved to dismiss the cases in October 2018. We and our fellow plaintiffs filed briefs opposing dismissal on November 15, 2018, arguing that Trump’s proclamation overstepped presidential authority. Eight groups of amici curiae—law professors, members of Congress, and others—filed amicus briefs supporting us and our fellow plaintiffs.
Meanwhile, in January 2019, the court granted motions to intervene by the State of Utah, San Juan County, and the Utah and American Farm Bureau Federations. The intervenors filed a brief in support of dismissal on February 15, 2019, and we and our fellow plaintiffs filed a joint response on March 1, 2019. The court has not yet ruled on the motion.
While the cases are pending, there is a real risk of harm to the lands excised from Bears Ears. The court has therefore ordered the federal government to provide plaintiffs with timely notice before beginning a range of potentially harmful developments within these now-vulnerable lands.