Yesterday, President Trump modified prior proclamations for the Grand Staircase-Escalante National Monument [text] and the Bears Ears National Monument [text] that significantly reduce the size of each monument. Already, one complaint for injunctive and declaratory relief has been filed by environment groups including The Wilderness Society and the Sierra Club. From the filing:
President Trump’s unlawful reversal of Grand Staircase-Escalante’s full protective reach exceeds his authority under the Antiquities Act. The Act authorizes Presidents to create national monuments; it does not authorize Presidents to abolish them either in whole or in part, as President Trump’s action attempts to do.
President Trump’s action even purports to overturn congressional legislation that added lands to the monument.
Accordingly, the President’s decision exceeds his authority under the Antiquities Act, violates the separation of powers between Congress and the President and the “take Care” clause of the U.S. Constitution, and is therefore unlawful.