Challenge to Antiquities Act Threatens Wildlife, Indigenous Sites, Cherished Lands

DENVER - A legal challenge that will be heard in a federal court in Colorado this week threatens to reverse more than a century of conservation measures that protect wildlife, safeguard Indigenous and historic sites, and conserve cherished lands. The U.S. Court of Appeals for the 10th Circuit will hear arguments from the state of Utah that President Biden's re-establishment of the boundaries of Grand Staircase-Escalante and Bears Ears National Monuments violates the 1906 Antiquities Act.

"The Antiquities Act has been used for more than 116 years by presidents from both political parties to conserve lands that have crucial wildlife habitat or important cultural values. Over the years, these lands have helped expand opportunities for people to connect with nature and have fueled rural economies," said Bailey Brennan, public lands counsel for the National Wildlife Federation. "If this lawsuit is successful, it undermines a long history of conserving our nation's most important lands and our wildlife heritage."

"Bears Ears National Monument has deep cultural and spiritual significance to Indigenous Peoples, including the Hopi, Navajo Nation, Ute Indian Tribe, Ute Mountain Ute, and Zuni. The Antiquities Act has been an important tool to ensure that lands with cultural and historical significance are conserved for future generations," said Garrit Voggesser, senior director of Tribal Partnerships and Policy at the National Wildlife Federation. "This lawsuit threatens not only Bears Ears but the collaborative management plan that has been adopted that incorporates the principles of free, prior, and informed consent and sets a model for future conservation."

The National Wildlife Federation and four of its Western affiliates have filed an amicus brief supporting the Biden Administration and a coalition of Tribal Nations.