Utah information main lawsuit that would restrict federal management of public lands – What's occurring with it?

From the DAILY CALLER

Nick Pope
Contributor

Utah filed a major lawsuit in the Supreme Court on Tuesday that, if successful, could have significant implications for federalism and public lands management across the country.

Utah's lawsuit claims that the Bureau of Land Management (BLM) does not have the authority to effectively hold “unappropriated” state lands indefinitely under the Federal Land Policy and Management Act (FLPMA), the state said. The federal government controls about 18.5 million acres of “unappropriated” lands in Utah under the FLPMA, and Utah's lawsuit argues that the state should control that land because nothing in the Constitution specifically allows the federal government to do so instead.

In the context of federal land, “appropriated” land is land that has been set aside for specific purposes, such as military use or as a national park, as the state of Utah, for example. In comparison, “unappropriated” land is essentially land that the federal government controls “without formally reserving it for a specific purpose.” (RELATED: Native American-owned companies sue Biden administration over ‘unconstitutional’ decision to halt Alaska mining project)

READ THE COMPLAINT:

“It's no secret that we live in the most beautiful state in the United States. But when the federal government controls two-thirds of Utah, we are severely limited in our ability to actively manage and protect our natural resources,” Utah Republican Governor Spencer Cox said in a statement about his state's lawsuit. “We are committed to ensuring that Utahns of all ages and abilities have access to public lands. The BLM has increasingly failed to keep these lands accessible and appears to be pursuing a course of active closure and restriction. It's time for all Utahns to stand up for our land.”

The state claims in its lawsuit that “Utah is being deprived of basic and fundamental sovereign rights with respect to more than one-third of its territory” because federal control prevents the state from taxing those land holdings and using the right of expropriation to build important infrastructure projects, for example. The status quo with respect to federal control over much of Utah is “an egregious federal overreach” that “disrupts the constitutionally mandated balance of power between the federal government and the states” and “cannot continue,” the lawsuit says.

In total, the federal government controls about 70 percent of Utah's land area, and the “unclaimed” land that is the subject of Utah's lawsuit represents about 34 percent of the state's territory. The federal government also controls vast swathes of land in many other western states, including Nevada, Oregon, Idaho and Alaska.

Myron Ebell, chairman of the American Lands Council, outlined the potential impact of Utah's lawsuit in a statement provided to the Daily Caller News Foundation. Ebell said the litigation, if successful, could have enormous implications beyond Utah's borders.

“Utah's lawsuit is one of the most important cases ever brought before the Supreme Court involving federal land. It raises fundamental questions of federalism and statehood and has far-reaching implications,” Ebell said in his statement. “If the Supreme Court agrees that FLPMA conflicts with the Property Clause of the Constitution, then it will apply to all unappropriated federal lands in the West and Alaska.”

“I think Utah's legal arguments are strong, but equally strong are the practical incentives to enforce it. The federal government's incredible mismanagement of federal lands is damaging the environment and the economy in Utah and throughout the West and Alaska in many ways,” Ebell continued. “Utah and other states have proven to be much better stewards of their lands and wildlife than the federal land agencies. Transferring management of 18.5 million acres of unassigned federal lands (that's about a third of the state) to state and county management would be a boon to the environment and rural economies.”

BLM declined to comment for this story, citing pending litigation.

All content created by the Daily Caller News Foundation, an independent and nonpartisan news service, is available free of charge to any reputable news publisher that can reach a large audience. All republished articles must include our logo, our reporter's name and their DCNF affiliation. If you have any questions about our policies or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Like this:

How Load…

Related