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Justice Department Opinion Says Trump Can Abolish Biden’s National Monuments

A 50-page Office of Legal Counsel memo reverses a 1938 precedent, clearing the way for the president to revoke protections on millions of acres of public land.

FILE - A sign is set up ahead of President Joe Biden's visit to the Chuckwalla National Monument, Jan. 7, 2025, to the Coachella Valley, Calif. (AP Photo/Damian Dovarganes, File)
A vehicle rides on a highway past a pair of buttes known as the Bears Ears in Bears Ears National Monument outside Blanding, Utah, U.S., October 22, 2023. REUTERS/Jim Urquhart/File Photo
FILE - President Joe Biden signs a proclamation to establish the Chuckwalla National Monument and the Sáttítla Highlands National Monument during an event in the East Room of the White House, Jan. 14, 2025, in Washington. (AP Photo/Evan Vucci, File)
Bears Ears, Southeastern Utah—Five Native American tribes have joined forces to lobby President Barack Obama to name the 1.9 million-acre Bears Ears area a national monument. It includes cliff dwellings, archaeological sites and ancient roads. The trust notes that artifacts are being looted and energy development threatens the land.

Overview

  • Office of Legal Counsel head Lanora Pettit issued the May 27 memo concluding that the Antiquities Act grants presidents authority to revoke prior monument designations.
  • The opinion overturns a 1938 determination by Attorney General Homer Cummings that presidents lacked power to undo predecessors’ monument proclamations.
  • The memo specifically empowers President Trump to consider abolishing the Chuckwalla and Sáttítla Highlands monuments in California, which together protect over 848,000 acres.
  • Although past presidents have reduced monument boundaries, no administration has ever fully abolished a national monument.
  • Environmental and tribal groups warn that the new ruling could threaten protections for cultural sites, biodiversity and resource management on public lands.