Utah District Court Dismisses Utah and Individual Challenges to Bears Ears National Monument

On Friday, August 11, 2023, United States District Judge David Nuffer of the United States District Court of the District of Utah granted motions to dismiss the cases challenging the Bears Ears National Monument designation.

Here is the Order:

Previous post with briefs here and here.

Bears Ears at Sunset. Photo credit: Tim Peterson.

Tribal Nations Granted Intervention in Bears Ears Litigation

On November 18, 2022, the Hopi Tribe, Navajo Nation, Ute Mountain Ute Tribe, and the Pueblo of Zuni moved to intervene in two lawsuits in the U.S. District Court for the District of Utah regarding the Bears Ears National Monument. The Court granted the motions to intervene.

Order granting intervention here:

Motions can be seen here and here.

Bears Ears at Sunset. Photo credit: Tim Peterson.

Utah and Counties Sue Government over Restoration of Bear Ears

Here is the complaint in Garfield County v. Biden (D. Utah):

Bears Ears News Coverage

NPR: “Biden will restore protections for the Bears Ears monument. Trump had downsized it

NYTs: “Biden to Restore Three National Monuments in Utah and New England”

Outside Magazine: “Biden Restores Bears Ears and Grand Staircase-Escalante National Monuments

NYTs: “Haaland Wants to Restore Environmental Safeguards for Three National Monuments”

Here.

NYTs: “A Sacred Place Undone by Trump Must Be Saved by Biden”

Here.

HCN: “Bears Ears is just the beginning”

Here.

Robison on Tribal-Federal Cooperative Management of the Grand Canyon

Jason Robison has posted “Indigenizing Grand Canyon,” forthcoming in the Utah Law Review, on SSRN.

Here is the abstract:

The magical place commonly called the “Grand Canyon” is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency—past, present, and future. Grand Canyon National Park’s 2019 centennial afforded a valuable opportunity to reflect on these relationships and to envision what they might become. A reconception of the relationships has begun in recent decades that reflects a shift across the National Park System as a whole. This reconception should continue. Drawing on the tribal vision for Bears Ears National Monument, this Article advocates for Grand Canyon tribes and the Park Service to consider forming a Grand Canyon Commission for cooperative management of Grand Canyon National Park. Establishing this Commission would mark the vanguard of the relational reconception, and, in this precise sense, the Commission would lay a foundation for “indigenizing” Grand Canyon.

Bears Ears Update: “Interior moves to speed energy development on formerly protected Utah land”

Here.

Troy Eid: “President Trump: Make Bears Ears your legacy”

Here.