DOJ opinion could allow monument cuts: What it means for Bears Ears, Grand Staircase, and Utah’s public lands

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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.

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.

“We’re confident in our ability to defeat any attempt to undo protections for these remarkable places,” said Steve Bloch, legal director for the Southern Utah Wilderness Alliance.

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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