Defending Our National Monuments

Sites of historic or cultural significance, or areas of scientific interest, such as regions of unusual geologic formations, or areas with ecological or biological significance. Also at stake is the rule of law — the Constitution devotes authority over our public lands to Congress, not to the president.

Attorneys

Heidi McIntosh

Regional Office / Program

Case Overview

National monuments are unique among the special and protected land designations on federal public lands, because they are created pursuant to a special, but narrow, grant of authority to the president to regulate federal public lands. Under the Antiquities Act, the president can essentially sign a proclamation to protect certain areas as national monuments.

Since its enactment, the Antiquities Act has been used more than 150 times to designate and protect national monuments. And some of our western icons — including Grand Canyon National Park, Bryce National Park, and Zion and Arches National Parks — began life as national monuments. Others have remained national monuments for many decades and have become world-renowned, such as Grand Staircase-Escalante National Monument.

The Trump administration shrank the boundaries of Bears Ears by 85% and cut the size of Grand Staircase-Escalante by half, opening those lands to mining and drilling. The administration’s plans included destructive industry practices, such as chaining forests with waist-thick chains and carving up landscapes for new roads.

Earthjustice sued to protect Bears Ears and Grand Staircase-Escalante, representing nine organizations, and was co-plaintiff with NRDC (the Natural Resources Defense Council) and the Southern Utah Wilderness Alliance.

In 2021, President Biden restored the original boundaries of Bears Ears, Grand Staircase-Escalante, and Northeast Canyons and Seamounts Marine National Monuments.

A hiker at Jacob Hamblin Arch in Coyote Gulch, Grand Staircase-Escalante National Monument, Utah.
A hiker at Jacob Hamblin Arch in Coyote Gulch, Grand Staircase-Escalante National Monument, Utah. (Koji Hirano / Getty Images)

Case Updates

Bears Ears National Monument stretches across scenic mesas, towering sandstone cliffs, and canyons that epitomize the beauty of southern Utah.
March 26, 2025 feature

What You Should Know About the Antiquities Act and National Monuments

For over a hundred years, the Antiquities Act of 1906 has protected America’s natural and historic wonders from mining, drilling, looting, and industrial development.

March 19, 2025 In the News: Mongabay

Rep from American Samoa calls for opening protected Pacific waters to tuna fishing

David Henkin, Attorney, Mid-Pacific Office: “In the Antiquities Act, Congress gave the President the authority to create national monuments, not to dismantle them.”

First light over Cedar Mesa in southeast Utah, Bears Ears National Monument. Bears Ears is one of the national monuments that Earthjustice is fighting to preserve.
February 1, 2025 Action Alert

Defend our national monuments

When areas are designated as national monuments, sacred tribal cultural sites are protected from looting, threatened species can roam free through wild lands, ocean ecosystems can be restored, and the lands and waters become off limits to the short-term, exploitative corporate gains of extractive industries.