national monuments

Micro-Response on the Presidential Authority to Terminate or Diminish National Monuments

Matthew L.M. Fletcher

From one of the authors of the original paper:

It is true that there have been a number of proclamations diminishing monuments in the past but none of these have been challenged in court so no court has ever passed on the legality of these actions.  Moreover, all of these actions were pre-FLPMA, which matters significantly here because FLPMA repealed the Midwest Oil decision.  A 1935 Solicitor’s Opinion relied heavily on Midwest Oil to justify proclamations that diminished monuments.  Post FLPMA, that justification is gone.

Original post here.

House Resources staff response.

House Resources PR Staff Response to “New Scholarship Arguing ‘Presidents Lack the Authority to Abolish or Diminish National Monuments’”

Matthew L.M. Fletcher2 Comments

Here (original post here):

I was just reading your blog “New Scholarship Arguing, ‘Presidents Lack the Authority to Abolish or Diminish National Monuments.’” Just wanted to send some additional info. Let me know if you have any questions!

Amending Proclamations:

  • This legal paper asserts that the President has the authority to revoke or reduce national monument designations
  • This is a great op-ed for more background: Trump Can Reverse Obama’s Last-Minute Land Grab
  • Presidents – both Republican and Democratic – have significantly reduced the size of monuments. Taft reduced one of his own designations by 95%.
    • Taft, Petrified Forest, Arizona, 25,625 acres
    • Roosevelt, Grand Canyon II, Arizona, 71,854 acres
    • Kennedy, Natural Bridges, Utah, 320 acres
    • Taft, Mount Olympus, Washington, 160 acres
    • Wilson, Mount Olympus, Washington, 313,280 acres
    • Coolidge, Mount Olympus, Washington, 640 acres
    • Taft, Navajo, Arizona, 320 acres
    • Eisenhower, Colorado, Colorado, 211 acres
    • Kennedy, Bandelier, New Mexico, 3,925 acres
    • Eisenhower, Hovenweep, Utah/Colorado, 40 acres
    • Roosevelt, Craters of the Moon, Idaho, R.O.W.
    • Roosevelt, Wupatki, Arizona, 52 acres
    • Eisenhower, Glacier Bay, Alaska, 4,193 acres (water)
    • Eisenhower, Arches, Utah, 720 acres
    • Eisenhower, Great Sand Dunes, Colorado, 9,880 acres
    • Roosevelt, White Sands, New Mexico, R.O.W.
    • Eisenhower, Black Canyon of the Gunnison, Colorado, 470 acres
    • Truman, Santa Rosa Island, Florida, 4,700 acres
  • As you can see, there’s precedent for both large diminishments (largest is 313,280 acres) and diminishments specifically in the state of Utah (3 total). The courts have generally upheld very broad discretion for the President to determine what is the “smallest area compatible” to manage the Monument – meaning they can also diminish if they believe the area originally created is not the smallest area necessary to protect the resource.

Don’t hesitate to reach out moving forward. (and Go Blue!)

Molly Block

Press Secretary

House Committee on Natural Resources