From the Daily Caller
Nick Pope
Contributor
Utah filed a major lawsuit with the Supreme Court on Tuesday that, if successful, could have major implications for federalism and the management of public lands across the country.
Utah announced that the state's lawsuit alleges that the Bureau of Land Management (BLM) does not have the authority to hold “unoccupied” state land indefinitely under the Federal Land Policy and Management Act (FLPMA). Under FLPMA, the federal government controls approximately 18.5 million acres of “unoccupied” Utah land, and Utah's lawsuit argued that the state should control this land because the Constitution does not explicitly allow the federal government to do so.
For example, according to Utah, “acquired” land on federal lands is land designated for military use or for a specific purpose such as being used as a national park. In contrast, “unoccupied” territory is essentially federally controlled land “that is not formally reserved for any designated purpose.” (Related: Native American-owned entities sue Biden administration, calling decision to end Alaska mining plans “unconstitutional”)
Read the lawsuit:
“It's no secret that we live in the most beautiful state in the country. But when the federal government controls two-thirds of Utah, we are extremely limited in what we can do to actively manage and protect our natural resources. ,” Utah Republican Gov. Spencer Cox said in a statement about the state's lawsuit. “We are committed to ensuring that Utahns of all ages and abilities have access to public lands. The Bureau of Land Management is increasingly unable to keep these lands open and appears to be enacting aggressive closures and restrictions. It is now up to all Utahns to stand up for It's time for our land.
The state argued in the lawsuit that “Utah is deprived of fundamental sovereignty over more than one-third of its territory” because federal controls prevent the state from taxing those lands and using eminent domain to build critical infrastructure. Project, for example. The lawsuit claims that the current state of federal control over much of Utah is “federal overreach” that “undermines the constitutional balance of power between the federal government and the states” and “cannot continue.”
In total, the federal government controls about 70% of Utah's land, and the “unacquisitioned” land that is the subject of Utah's legal challenge accounts for about 34% of the state's territory. The federal government also controls large tracts of land in many other western states, including Nevada, Oregon, Idaho, and Alaska.
Myron Ebell, president of the American Land Council, explained the possible impact of Utah's lawsuit in a statement shared with the Daily Caller News Foundation. If the lawsuit is successful, it could have huge ramifications beyond Utah, Ebell said.
“Utah's lawsuit is one of the most important federal lands cases ever brought before the Supreme Court. It raises fundamental questions about federalism and statehood, and has wide-ranging ramifications,” Ebell said in a statement. “If the Supreme Court agrees that FLPMA conflicts with the Constitution’s Property Clause, then it will apply to all untaken federal lands in the West and Alaska.”
“I think Utah's legal action is strong, but so are the actual motivations for bringing it. The federal government's incredible mismanagement of federal lands is harming the environment and the environment in Utah, the West and Alaska in so many ways. Economics,” Eberle continued. “Utah and other states have proven that they manage their own lands and wildlife better than federal land agencies. Transferring management of 18.5 million acres of unencumbered federal land, about one-third of the state, to State and county management will benefit the environment and rural economies.
The BLM declined to comment for this article, citing the pending litigation.
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