Justice Department says Trump can cancel national monuments that protect landscapes : NPR

President Trump’s administration asserts the authority to abolish national monuments, including two in California created by his predecessor to protect historical and archaeological sites.

A recent Justice Department legal opinion challenges a 1938 determination that previous presidents’ monument designations under the Antiquities Act cannot be revoked. The opinion states that presidents have the power to cancel monument designations if deemed unnecessary.

This development occurs as the Interior Department under Trump considers modifications to monuments nationwide to facilitate U.S. energy production expansion.

Senator Martin Heinrich criticizes Trump’s efforts to erase national monuments, citing the actions as an attempt to clear a path for such erasure.

Trump previously reduced the size of certain national monuments, including Bears Ears and Grand Staircase Escalante in Utah, and lifted fishing restrictions in a marine monument off the New England Coast.

Former President Joe Biden reversed Trump’s actions and restored the monuments.

The Justice Department opinion specifically targets monuments established by Biden in his last days in office: Chuckwalla National Monument in Southern California and Sáttítla Highlands National Monument in Northern California.

These designations by Biden prohibit oil and natural gas drilling and mining on the Chuckwalla site and the Sáttítla Highlands near the California-Oregon border.

Chuckwalla boasts natural wonders and rare species, while the Sáttítla Highlands hold ancestral significance for Native American tribes.

While the majority of presidents have utilized the Antiquities Act to protect landscapes and cultural resources, critics argue that the protective boundaries hinder mining activities.

Deputy Assistant Attorney General Lanora Pettit claims Biden’s monument protections aim to create an environmental legacy rather than safeguard scientific or historical monuments.

Trump’s actions to shrink monuments have faced opposition from environmental groups, who argue that the protections safeguard vital resources and cultural sites.

Environmental advocates stress that the Justice Department opinion does not grant Trump the authority to diminish monuments at his discretion.

Biden has established new monuments, including sites of historical significance and sacred Native American locations.

Throughout history, presidents have issued proclamations to diminish monuments, with Dwight Eisenhower being particularly active in this regard.

The legal battle over Trump’s reductions to the Utah monuments remains ongoing, highlighting the complex nature of monument designations.

The Antiquities Act, signed by President Theodore Roosevelt, was the first law to protect cultural and natural resources on federal lands, reflecting a commitment to preserving historic and scientific interests.