WorkerSafetyCollage_wide.jpg
Nov. 26, 2018 by Sarah Krakoff

Legal Scholars File Brief Supporting National Monuments Case against Trump

In 2017, President Trump signed a proclamation reducing by about 85 percent the size of Utah’s Bears Ears National Monument, a large landscape of pristine red rock canyons and culturally and historically significant Native American sites. He claimed that he had the authority to shrink this and any other national monument under the Antiquities Act of 1906 and had previously ordered the Department of the Interior to review additional monuments whose designations stretch back decades.

But does federal law really allow the president to "repeal and replace" our national monuments once they're established?

In a recent amicus brief that Professor Bob Anderson (University of Washington) and I filed with 11 other legal scholars, we answer that question with a resounding "no." The plain and clear text of the Antiquities Act is intentionally narrow, authorizing the president to establish national monuments to protect "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest" and to "reserve parcels" of public lands to create those monuments. The law does not provide any authority or process for reversing those designations or modifying the size of national monuments once they're established.

The law's legislative history reinforces its text. Throughout …

Nov. 14, 2018 by Sarah Krakoff
WorkerSafetyCollage_wide.jpg

This post was co-authored with Shannon Roesler, a Professor of Law at the University of Oklahoma City School of Law. Before joining the law school faculty, she served as a law clerk to the Honorable Deanell Reece Tacha on the United States Court of Appeals for the Tenth Circuit. She was also a staff attorney and teaching fellow in the International Women’s Human Rights Clinic at Georgetown University Law Center and a visiting faculty member at the University of Kansas School of Law. Read her University bio. This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog.

Since the dawn of the environmental justice movement, we have heard the stories of individuals and communities left unprotected by our environmental laws and policies. Their stories reveal the …

  • 1 (current)
CPR HOMEPAGE
More on CPR's Work & Scholars.
Nov. 26, 2018

Legal Scholars File Brief Supporting National Monuments Case against Trump

Nov. 14, 2018

Environmental Justice and Environmental Sustainability: Beyond Environment and Beyond Law