Beyond the Antiquities Act: Can the BLM Reconcile Energy Dominance and National Monument Protection?

34 Natural Resources & Environment __ (2019)

University of Utah College of Law Research Paper No. 327

12 Pages Posted: 10 Aug 2019 Last revised: 13 Sep 2019

See all articles by John Ruple

John Ruple

University of Utah, S.J. Quinney College of Law

Heather Tanana

S.J. Quinney College of Law; Center for American Indian Health

Date Written: 2019

Abstract

On December 4, 2017, President Donald J. Trump carved more than 2 million acres from the Bears Ears and Grand Staircase-Escalante national monuments. He also directed federal land managers to prepare management plans for both monuments. Draft plans have been released, and the preferred alternative under both plans promotes right-of-way development, minerals exploration, livestock grazing, and other traditional uses over protection of monument resources. Our paper argues that this approach violates both the Federal Land Policy and Management Act and the Omnibus Public Lands Act of 2009 because these statutes require the Bureau of Land Management to emphasize protection of monument resources over more impactive uses. We also argue that the Bureau of Land Management violated the National Environmental Policy Act when it failed to account for its statutory obligations to protect monument resources in the environmental baseline contained in the environmental impact statements for the management plans.

Suggested Citation

Ruple, John and Tanana, Heather, Beyond the Antiquities Act: Can the BLM Reconcile Energy Dominance and National Monument Protection? (2019). 34 Natural Resources & Environment __ (2019), University of Utah College of Law Research Paper No. 327, Available at SSRN: https://ssrn.com/abstract=3435163 or http://dx.doi.org/10.2139/ssrn.3435163

John Ruple (Contact Author)

University of Utah, S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-581-6545 (Phone)

HOME PAGE: http://https://law.utah.edu/research/stegner/

Heather Tanana

S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Center for American Indian Health

615 North Wolfe Street
Baltimore, MD 21205
United States

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