SALT LAKE CITY (ABC4) — Utah Attorney General Sean D. Reyes has filed a notice of appeal after a lawsuit from the state of Utah against the expansion of two national monuments, Bears Ears and Grand Staircase-Escalante, was dismissed on Friday, Aug. 11.
“Attorney General Sean D. Reyes wasted no time in starting the process of appealing the ruling in the Monuments case to the U.S. Court of Appeals for the Tenth Circuit, a necessary stop before any trip to the U.S. Supreme Court,” a release states.
The move to appeal comes after a long-standing debate between state and federal governments regarding the expansion, or restoration, of Bears Ears and Grand Staircase-Escalante. The areas were significantly reduced in size under President Trump, and President Biden has pushed for their restoration.
Under Trump, Bears Ears National Monument was downsized by 85%, and Grand Staircase-Escalante National Monument was cut by nearly half.
“All along, the State of Utah has sought appropriate protections of the precious, unique area in the heart of the Bears Ears and Grand Staircase-Escalante regions,” General Reyes said. “But the current monument designations are overkill, by millions of acres. President Biden’s designations exceed his authority. We eagerly anticipate explaining to the Tenth Circuit why the law and the facts are on our side.”
A federal judge recently dismissed a lawsuit filed by the state of Utah in 2022 challenging President Joe Biden’s expansion of the two national monuments. U.S. District Court Judge David Nuffer dismissed the lawsuit Friday, saying Biden could issue proclamations creating monuments “as he sees fit,” and that those actions are not reviewable by the court.
Utah Attorney General Sean Reyes and Governor Spencer Cox publicly responded to the case’s dismissal Friday, expressing their disappointment in the federal judge’s decision.
The official notice of appeal against President Biden can be viewed here.