Utah hoping Supreme Court will break precedent and transfer vast tracts of federal land to states
OCTOBER 3, 2024 Kirk Siegler1/2
MOAB, Utah — Who gets to do what on federal land is an ages-old battle in the West, especially Utah, where roughly 70% of the state is owned by Uncle Sam. People from the world over flock to public land here, with its jaw dropping red rock canyons, arches and ancient petroglyphs. Its petrified sand dunes are a beacon for thrill seeking off-roaders and mountain bikers.
"It’s amazing, it’s really cool," says Isaac Hamlen, after a ride on the famous Slickrock trail outside Moab, the West's self-described outdoor adventure capitol.
Hamlen and Will Burger are on a road trip camping on federal public land and visiting Utah's famous national parks and monuments. The state has five national parks, including nearby Arches and Canyonlands as well as nine national monuments, includingthose controversially established by presidents Clinton and Obama, Grand Staircase-Escalante and Bear's Ears.
"We learned about all that stuff our first semester of college. And it really drove home the importance of public land," Burger says.But the recent monument designations and road closures with an eye toward protecting the environment in increasingly busy areas have fueled resentmentthat’s been smoldering in Utah since the Mormon Pioneers arrived.
Now in its latest legal salvo with the federal government, the state's Republican leaders are hoping the high court's conservative justicescontinue to overturn long-established legal precedents. A landmark lawsuit filed directly before the court in August is seen as a test of what'slong been called a fringe theory.
For decades "sage brush rebels"in states like Utah have challenged the federal government's legal authority to own land within state borders. A litany of prior court rulings conclude federal land managers do. But state leaders see a possible opportunity now with the high court's demonstrated deference to state's rights.
"I am someone who loves public lands," says Casey Snider, a state representative and avid hunter. In his office, taxidermy adorns the walls and he proudly displays a bronze of Teddy Roosevelt on his desk.
But Snider says today's federal land managers are locking up all the land, limiting drilling and any kind of development.
"When youpush the decisionall the way from D.C., you tie our hands. You tie your own people’s hands if you’re a federal manager, to the detriment of all parties involved," he says. "That is my number one concern." Snider says local people living and working here should have the most say on what land to preserve or develop.
Utah's latest legal attempt to wrest control of federal land is paired down from previous efforts in the courts and state law.It seeks to transfer a limited amount - about 18 million acres of Bureau of Land Management land, so called "unappropriated lands." The national parks, existing national monuments or U.S. Forest Service land where ski resorts are located are not at issue in this lawsuit.
Still, conservationists worry the effort could result in weaker environmental protections and more private development.
https://www.npr.org/2024/10/02/g-s1-25967/utah-hoping-supreme-court-will-break-precedent-and-transfer-vast-tracts-of-federal-land-to-states