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A new legal opinion from the U.S. Department of Justice could set the stage for sweeping changes to national monument protections—and directly impact Grand Staircase-Escalante, Bears Ears, and public lands in southern Utah.
Opinion Breaks with Nearly a Century of Legal Assumptions
The DOJ’s Office of Legal Counsel has stated that a sitting president has the authority to fully revoke or reduce national monument designations under the Antiquities Act of 1906, in an opinion released on May 27, 2025.
The memo explicitly reverses a 1938 legal precedent that held only Congress could eliminate monument status, possibly pushing presidential authority into untested territory that some legal scholars call “dubious.”
Trump Cut Utah Monuments Once—And Could Again
In December 2017, then-President Donald Trump cut Bears Ears by 85% and Grand Staircase-Escalante by nearly half—actions that spurred lawsuits and national outcry. President Joe Biden reversed those cuts in October 2021, restoring both monuments to their original boundaries. That reversal itself faced legal challenge from the State of Utah.
Reporting from The Washington Post confirms that the Trump Administration is reviewing at least six monuments, including Bears Ears and Grand Staircase, as part of a broader “Unleashing American Energy” strategy to reopen land to mineral and fossil fuel extraction.
Utah Politics
The new DOJ opinion supports a long-running political goal in Utah: weakening or repealing the Antiquities Act. Critics argue that the law allows presidents to bypass Congress and impose sweeping land-use restrictions with the stroke of a pen.
Senator Mike Lee (R-UT) has called past monument designations “predatory,” saying they “locked up millions of acres … ignoring the intent of the law and the will of impacted states like Utah.”
Governor Spencer Cox has taken a more moderate tone. In a 2024 interview, he said: “I don’t support a complete repeal … I think the Antiquities Act has value. The problem is the Antiquities Act has not been used the way it was intended to be used.”
What’s Next
Recent court rulings have upheld the president’s authority to restore monuments, but the DOJ opinion introduces new legal questions.
If President Trump decides to reduce or revoke the monument protections, the action will would likely face immediate legal challenge—particularly from tribes, researchers, and local tourism economies that depend on the monuments.
If a legal challenge emerges, it’s possible the issue could continue up to the U.S. Supreme Court—Chief Justice John Roberts previously signaled interest in clarifying the limits of presidential authority under the Antiquities Act.
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