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

January 28, 2025 In the News: Arizona Public Radio

Judge rejects Grand Canyon monument lawsuit from Arizona lawmakers

Heidi McIntosh, Managing Attorney, Rocky Mountain Office: “We’ve been privileged to follow the lead of 11 Tribal Nations with deep cultural ties to the monument, and we will continue fighting to protect it from uranium mining and other threats so that future generations can benefit from this irreplaceable landscape.”

January 28, 2025 In the News: Politico

Judge tosses legal challenge to Biden’s Arizona national monument

Heidi McIntosh, Managing Attorney, Rocky Mountain Office: “We’re pleased that the court rightly rejected this far-fetched attack on Baaj Nwaavjo I’tah Kukveni National Monument. We stand ready to defend all national monuments from any future attack by the current president.”

Visitors enjoy the view at Indian Creek in Bears Ears National Monument.
January 16, 2025 Press Release

Earthjustice Blasts New Legislation to Weaken Antiquities Act

"We will fight attempts both inside and outside of Congress that threaten our ability to protect special places for the benefit of the American people.”