Court Reverses Decision on Bears Ears and Grand Staircase-Escalante National Monuments, Sends Back to U.S. District Court in Utah

Denver, CO – Yesterday, the Tenth Circuit Court of Appeals reversed a lower-court decision that dismissed challenges to the monument designations of Bears Ears National Monument and Grand Staircase-Escalante National Monument based on sovereign immunity. The cases were remanded to the U.S. District Court in Utah.

The boundaries set by President Biden remain in place, and the Bureau of Land Management plans adopted for each monument will continue to guide how the monuments are managed.

In 2021, the State of Utah, Garfield County, the Blue Ribbon Coalition and others challenged the restoration of Bears Ears and Grand-Staircase Escalante National Monuments in an effort to undermine the validity of the Antiquities Act of 1906, one of our nation’s foundational conservation tools.

Both monuments link together one of the most extraordinary landscapes in the American West, creating a vital ecological and cultural corridor that links together Canyonlands, Bryce Canyon and Capitol Reef National Parks, Glen Canyon National Recreation Area, and other protected public lands.

Statement from Erika Pollard, NPCA’s Southwest Campaign Director

“Bears Ears and Grand Staircase-Escalante are among the most beloved public lands in Utah visited by millions of Americans each year. They form the backbone of southern Utah’s tourism economy and encompass a broad cultural landscape significant to many Tribes throughout the region.

“By remanding this case back to the U.S. District Court in Utah, this decision gives us a renewed opportunity to defend a president’s authority under the Antiquities Act and justify the boundaries President Biden decided upon. These monuments were never meant to be on a political roller coaster. The Antiquities Act is clear: it gives presidents the authority to designate national monuments, but no president has the authority to dismantle them.

“Utah’s national monuments are anchors for our cultural heritage and identity and many Tribes and people around the country care deeply for them. We will continue to defend them, whether in Congress or the courtroom, for the generations that come after us.”

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About The National Parks Conservation Association: Since 1919, the nonpartisan National Parks Conservation Association has been the leading voice in safeguarding our national parks. NPCA and its nearly 1.9 million members and supporters work together to protect and preserve our nation’s most iconic and inspirational places for future generations. For more information, visit [www.npca.org](www.npca.org).