Utah (Stand For Our Land) Utah has launched a significant legal challenge against the U.S. government, questioning the indefinite federal retentio
Utah has launched a significant legal challenge against the U.S. government, questioning the indefinite federal retention of 18.5 million acres of “unappropriated” land managed by the Bureau of Land Management (BLM). This groundbreaking lawsuit, presented to the U.S. Supreme Court, seeks to address the constitutionality of such federal land policies under the Federal Land Policy and Management Act (FLPMA).
While this legal action does not affect lands designated as national parks, monuments, wilderness areas, national forests, tribal lands, or military properties, it targets the expansive territories not allocated for any specific federal purpose. Currently, the federal government possesses nearly 70% of Utah’s land, a stark contrast to states like Connecticut, New York, and Rhode Island, where federal ownership is less than one percent.
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Governor Spencer Cox expressed concerns about the restrictive federal control over Utah’s lands, emphasizing the state’s inability to manage and utilize its natural resources effectively.
He highlighted the federal tendencies towards closing and restricting access to these lands, which he sees as detrimental to Utah’s sovereignty and to its residents’ and visitors’ access to public lands.
“It is not a secret that we live in the most beautiful state in the nation. But, when the federal government controls two-thirds of Utah, we are extremely limited in what we can do to actively manage and protect our natural resources,” said Governor Spencer Cox. “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 is time for all Utahns to stand for our land.”
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Attorney General Sean D. Reyes argued that the federal policy of retaining land indefinitely is unconstitutional, lacking textual support from the Constitution and undermining the principles of state sovereignty and federalism established by the Framers.
“Today, we filed a historic lawsuit asking the U.S. Supreme Court to address whether the federal government can simply hold unappropriated lands within a state indefinitely. Nothing in the text of the Constitution authorizes such an inequitable practice. In fact, the Framers of the Constitution carefully limited federal power to hold land within states. Current federal land policy violates state sovereignty and offends the original and most fundamental notions of federalism,” said Attorney General Sean D. Reyes.
This lawsuit marks a pivotal attempt by Utah to reclaim governance over its lands and assert greater state sovereignty in managing its natural resources.
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