The Supreme Court on Monday declined to take up Utah’s lawsuit aimed at wresting control of more than 18 million acres of public land in the state from the federal government.
In its lawsuit, filed in August, the state of Utah argued it was unconstitutional for the federal government to retain ownership of “unappropriated” lands, meaning those not set aside as a national park or for some other specific purpose. And it asked the court to effectively hand over 18.5 million acres of Bureau of Land Management lands to the state.
The conservative-led high court rejected the case outright, with no explanation. It’s a stunning defeat for Republican officials in Utah, who said they brought the case after “decades of legal analysis” and spent millions of taxpayer dollars promoting the legal effort.
“We’re grateful the Supreme Court swiftly rejected the State of Utah’s misguided land grab lawsuit,” Steve Bloch, legal director for the Southern Utah Wilderness Alliance, said in a statement. “For more than 100 years, the Supreme Court has affirmed the power of the federal government to hold and manage public lands on behalf of all Americans.”
Jennifer Rokala, executive director of the Center for Western Priorities, called Monday’s court ruling “an embarrassment for the state of Utah.”
“Even this staunchly conservative Supreme Court refused to take up Utah’s complaint, likely because it relies on a blatant misreading of the Constitution and would disrupt over a century of legal precedent and property law,” she said in a statement. “This is a win for all Americans that keeps public lands in public hands. The state of Utah should give up on its wild goose chase and not waste even more taxpayer money fighting this losing battle in the lower courts.”
The lawsuit is the latest in a long-running GOP campaign to transfer control of federal lands to the states. Twelve Republican-led states, including North Dakota, threw their support behind Utah’s effort.
The Countdown To Trump Is On
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On Tuesday, former North Dakota Gov. Doug Burgum (R) is set to appear before a Senate committee for a confirmation hearing to serve as President-elect Donald Trump’s interior secretary. If confirmed to that post, Burgum will be responsible for managing 500 million acres of federal land ― roughly one-fifth of the United States.