Mutiple States, local governments, and other organizations filed Stage 1 Amicus Briefs in October 2024 to support Utah's case.
While the federal government has become infamous for its reckless 'lock it up and let it burn' land management policies, the State of Utah has been taking serious and thoughtful steps toward beneficial care and management of these public lands. On August 20, 2024, in what may be the most significant lawsuit of our time, Utah filed legal action in the U.S. Supreme Court challenging the constitutionality of the federal government’s indefinite retention of millions of acres within state borders.
Our mission at ALC is to see that public lands are lawfully managed in a way that supports healthy air, water and wildlife, abundant outdoor recreation, and safe, vibrant communities. It is critical to restore the constitutional right of States to govern most of the land within their borders so they can implement responsible, locally-driven solutions for public land management. That is why American Lands Council, joined by 27 other organizations, filed a Stage 1 amicus brief in the United States Supreme Court to help the Court understand the importance of hearing this case. Next, we must work to ensure success in the Court, Congress, and our own States and communities.
How You Can Help:
Key Information:
- UTAH'S STAND FOR OUR LAND - EXPLAINER PAGE
- UTAH'S LAWSUIT
- ALC's AMICUS BRIEF
- USSC DOCKET NO. 22O160 (Utah v. U.S. and all related briefs filed are here)
Additional Resources:
Short Videos - Legal Action Explainers:
- Utah's Stand For Our Land - Explainer Video (3 minutes)
- Highlighted Commentary from Legal Consulting Service Team for the Utah Commission on Stewardship of Public Lands. 2015 (90 seconds)
- Highlighted Commentary from Legal Services Consulting Team for the Utah Commission on the Stewardship of Public Lands. 2015 (6 minutes)
Other Legal Research and Analysis:
- The Federal Fault Line Series - essential reading for anyone seeking to understand the constitutional origin of congressional authority related to federal land.
- Legal Analysis of the Legal Consulting Services Team for the Utah Commission on Stewardship of Public Lands. 2015
- A Legal Overview of Utah’s H.B. 148 - The Transfer of Public Lands Act by Donald J. Kochan, The Federalist Society. 2013
- Utah's Transfer of Public Lands Act: A Legal Case for Localizing Land Ownership, Sutherland Institute. 2013
- Public Lands and the Federal Government's Duty to Dispose by Donald J. Kochan, BYU Law Review. 2013
- A Case Statement for H.B. 148 Utah's Transfer of Public Lands Act by the Constitutional Defense Council. 2012
Frequently Asked Questions:
In summary, Utah's suit does not include any appropriated public land designated as national parks, national monuments, wilderness areas, national forests, Tribal lands, or military properties. The scope of Utah’s lawsuit applies only to federally held land that is “unappropriated”, meaning that the United States simply holds the land without any designated purpose. Such lands are currently administered by the federal Bureau of Land Management (BLM).
Utah's case directly involves 18.5 million acres of unappropriated land in Utah (which amounts to only half of the federal land in the state). However, the Supreme Court's decision is expected to apply to approximately 245 million acres of unappropriated federal land spread across the Western U.S., Alaska, and some Eastern states. If the suit is successful, the door would be opened for willing states to locally govern what amounts to nearly one-third of the federal government’s vast land holdings.
The practical consequence of shifting to more accountable, locally driven management is improved environmental quality, increased recreational access, and better economic opportunities for all Americans.
ALC is America’s Advocate for Better Access, Health, and Productivity on Public Lands.
Please support our mission by joining us as an official member.
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