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President’s abuse of authority strips protections from iconic dinosaur wonderland in Utah and undermines 1906 Antiquities Act
FOR IMMEDIATE RELEASE
December 4, 2017
Contact: Stephen Bloch, Southern Utah Wilderness Alliance (801.428.3981 or 801.859.1552 (cell))
Washington, DC —Hours after President Donald Trump issued a proclamation taking an axe to Grand Staircase-Escalante National Monument in Utah, conservation organizations filed a lawsuit attacking the order as an abuse of the president’s power. Earthjustice is representing eight organizations in a suit charging that the president violated the 1906 Antiquities Act by stripping monument protections from this national treasure: The Wilderness Society, the Grand Canyon Trust, the Sierra Club, Defenders of Wildlife, Great Old Broads for Wilderness, Center for Biological Diversity, WildEarth Guardians and Western Watersheds Project. The Southern Utah Wilderness Alliance and Natural Resources Defense Council are co-plaintiffs in the lawsuit and represented by in-house counsel.
“President Trump has perpetrated a terrible violation of America’s public lands and heritage by going after this dinosaur treasure trove,” said Heidi McIntosh, Managing Attorney in Earthjustice’s Rocky Mountains office. “While past presidents have used the Antiquities Act to protect unique lands and cultural sites in America, Trump is instead mangling the law, opening this national monument to coal mining instead of protecting its scientific, historic, and wild heritage. We will not let this stand. We will use the power of the law to stop Trump’s illegal actions.”
“Americans from across the nation should be outraged by President Trump’s unlawful attempt to eviscerate the Grand Staircase-Escalante National Monument, one of our country’s wildest and most scientifically significant federal public landscapes,” said Stephen Bloch, legal director for the Southern Utah Wilderness Alliance, Utah’s largest conservation organization. “No one will look back on this decision in 15, 25 or 50 years and say Trump did the right thing by protecting less of this magnificent place. And by promoting this illegal act, Utah’s parochial congressional delegation and local politicians have firmly come down on the wrong side of history.”
The Grand Staircase-Escalante contains dinosaur fossils found nowhere else in the world. Since its designation, 21 new dinosaur species have been unearthed by scientists in the monument, leading some to call these lands a “Dinosaur Shangri-la,” and a “geologic wonderland.” Grand Staircase holds one of the richest collections of fossils from the Late Cretaceous Period, which gives scientists and the public alike an unparalleled window into the dinosaurs that lived in these lands 10 million years ago. In mid-October, scientists airlifted one of the most complete tyrannosaur skeletons ever found out of Grand Staircase. These fossils are largely found in the Kaiparowits Plateau, where the coal industry has long coveted access for coal mining that would wreak havoc on this dinosaur treasure trove that belongs to the American people.
“I’m a resident of Kanab, and there are a lot of local businesses that are completely dependent on tourism related to Grand Staircase-Escalante,” said Laura Welp of Western Watersheds Project, and a former BLM botanist at Grand Staircase-Escalante National Monument. “The entire ‘staircase’ of spectacular geological layers, with its world-class fossil resources, deserves to be protected intact from the threat of coal mining and other types of commercial exploitation.”
President Trump’s executive order to revoke and replace Grand Staircase-Escalante National Monument came on the heels of a review conducted by Interior Secretary Ryan Zinke. Over 2.7 million Americans roared their support for national monuments across the country, and public participation in the comment period was overwhelmingly in favor of keeping these public lands and waters protected just as they are.
“President Trump is attempting an unauthorized remodel of the Grand Staircase, knocking out not only geologic steps but cornerstones of the evolution of species, human history, and our cultural heritage as well,” said Tim Peterson, Utah Wildlands Program Director with the Grand Canyon Trust. “We’ve spent 20 years working to preserve Grand Staircase, and now we’re asking the courts to help us reconstruct what was torn down today.”
“The Trump administration’s effort to sell out our public lands is deeply unpopular and goes against American values,” said Michael Brune, Executive Director of the Sierra Club. “We will work to ensure our lands and waters remain open to the public and protected for future generations to explore and enjoy.”
“For more than two decades, through Democratic and Republican Administrations alike, we have worked with the BLM, paleontologists, local landowners, ranchers and business owners to ensure the monument’s resources are protected,” said Nada Culver, Senior Counsel for The Wilderness Society. “This unlawful, short-sighted action by President Trump is an affront to that collaborative work happening and to the benefits the monument provides to research, the local economy, and all Americans.”
“Despite the call for public comments, Trump never cared that we, the public, wanted him to keep his hands off our monuments,” said Chris Krupp, Public Earth Guardian at WildEarth Guardians. “He’s not concerned with those of us that camp, hike, fish and hunt. He’d rather give another handout to oil, gas and coal companies.”
President Bill Clinton protected the lands of Grand Staircase as a national monument on September 18, 1996 using the Antiquities Act, a century-old law that has been used by 16 presidents since Theodore Roosevelt to protect some of our nation’s most cherished landscapes and cultural heritage. Congress enacted the law in 1906, granting presidents the authority to create national monuments on federal lands to protect significant natural, cultural, historic or scientific features. The Antiquities Act does not, however, grant presidents the authority to diminish or rescind the monument designations of their predecessors.
“Grand Staircase is a cradle of biodiversity and losing even an acre would be a crime,” said Taylor McKinnon of the Center for Biological Diversity. “Scientists have identified nearly four dozen new species of butterflies here. We must protect this monument’s wildlife, stunning landscapes and cultural treasures for future generations. Trump and the fossil-fuel industry have picked the wrong battle.”
“If the Trump administration thinks Grand Staircase-Escalante can be sold out without a fight, they’re in for a huge surprise,” said Jamie Rappaport Clark, president and CEO of Defenders of Wildlife. “We’ll be seeing them in court.”
“The Trump administration has ignored overwhelming support for the monument. It’s a punch in the face to local businesses who support it, and all of us who treasure it,” said Shelley Silbert, Executive Director of Great Old Broads for Wilderness. “Our organization got its start in the Escalante Canyons nearly three decades ago and we’ve worked tirelessly for proper management of the national monument since its designation. We will fight this illegal action to take any portion of this monument away from the American people.”
After President Clinton designated Grand Staircase, an intricate land swap between the state and federal government was completed. Congress passed legislation modifying the monument’s boundaries in 1998 and then approved a land swap in which the state of Utah received 145,000 acres of mineral-rich federal lands and $50 million from the federal treasury. That $50 million has since gone to support Utah’s public schools, and the swap would be incredibly difficult to unravel. The Utah School and Institutional Trust Lands Administration established the Land Exchange Distribution Account to dole out the proceeds from these state-federal trades. At least 27 Utah counties have since received a total of $441 million.
Grand Staircase-Escalante has proven a tourism and economic boon for Southern Utah since its designation. Between 2001 and 2015, the population in the two counties bordering Grand Staircase grew by 13 percent, jobs increased 24 percent and real personal income grew 32 percent. Travel and tourism boomed in the region, offering 1,630 jobs around Grand Staircase. In the big picture, recreation from adventure-seekers, hikers, amateur geologists and families simply getting outdoors now funnels more than $12 billion into Utah’s economy.
Resources for reporters:
Read the legal document for our lawsuit filed with the United States District Court in Washington, D.C.
Earthjustice materials: “Utah may be trading a dinosaur wonder for a coal mine” and “Trading fossils for fossil fuels at Grand Staircase-Escalante” video
Headwaters Economics: Summary of the local economic benefits of Grand Staircase-Escalante National Monument and economic report “The Value of Public Lands”
More on the Antiquities Act:
When President Theodore Roosevelt signed the Antiquities Act into law in 1906, he established a legal framework for the protection of national treasures. The law gives presidents the power to designate monuments on federal lands and waters—an authority granted by Congress that has for more than a century protected landscapes of extraordinary cultural, scientific and ecological value.
The Antiquities Act has been used more than 150 times by presidents of both parties.
Every president since 1906—with the exception of Presidents Nixon, Reagan and George H.W. Bush—has used the Antiquities Act to protect iconic places. The law has also been used to protect cultural heritage sites—from Stonewall to Birmingham to Cesar Chavez’s family home—that tell the more complete story of our nation.
The Congressional Research Service has found that the Antiquities Act does not authorize the President to repeal national monument designations. Only Congress has that authority. Numerous legal scholars have reached the same conclusion.
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FOR IMMEDIATE RELEASE
December 4, 2017
Contact: Scott Groene, Executive Director, 801.712.5034 (cell)
Steve Bloch, Legal Director, 801-428-3981
Mathew Gross, Media Director, 802-578-3394
Salt Lake City, UT – In response to President Trump’s proclamations today that eviscerate Bears Ears National Monument and Grand Staircase-Escalante National Monuments, Southern Utah Wilderness Alliance Executive Director Scott Groene issued the following statement:
“Today’s illegal proclamations by President Trump represent the single greatest attack a president has ever launched against America’s federal public lands. It is certain that the legacies of both President Trump, and Sen. Orrin Hatch, who goaded him into this despicable act, will be forever tainted by their assault on more than two million acres of Utah’s wild lands that are beloved by the American public.”
“SUWA is committed to defending these monuments in court, and confident that today’s political action will be overturned. Bears Ears and Grand Staircase-Escalante National Monuments will be restored to their full glory, and President Trump’s action today will be remembered as another failed attempt to thwart the will of the American people, who want these lands to remain protected.”
With regard to his attack on Grand Staircase-Escalante National Monument, Trump divided it into three smaller sections totaling roughly 1 million acres, (a 48% reduction [900,000 acres less]) than the original monument.
“By eliminating nearly half of Grand Staircase-Escalante, President Trump has opened up some of the most wild and scenic redrock canyons in Utah to the lost cause of coal mining. For 21 years, the protected Grand Staircase-Escalante National Monument has inspired families to reconnect with the wild and with each other, has reinvigorated surrounding communities, and lead to significant paleontological discoveries. It has even been affirmed and ratified by Congress. Trump’s grandstanding disregards the success of this monument, merely because Sen. Hatch instructed him to.”
With regard to his ferocious attack on Bears Ears National Monument, Trump replaced it with two, much smaller, non-contiguous units totaling less than 230,000 acres (an 83% reduction [1.15 million acres less] when compared to Bears Ears).
“President Trump’s decimation of the Bears Ears is just the latest in a long string of insults he has lobbed toward Tribes, five of which worked diligently for years to ensure the protection of their cultural homeland.”
Following President Trump’s unlawful attempt to repeal Grand Staircase-Escalante and Bears Ears National Monuments, the federal public lands and significant cultural, paleontological and wilderness resources in those monuments will be left exposed to oil, gas and coal leasing and development, as well as the location and development of new hard rock mining claims (e.g. uranium). The attached maps overlay the current monument boundaries, the significantly smaller monuments President Trump unlawfully designated, and mineral potential in both monuments.
Contact: Stephen Bloch, 801-428-3981
FOR IMMEDIATE RELEASE
Contact: Steve Bloch, 801-428-3981
In response to reports in the Washington Post today that President Trump intends to eliminate 85% of Bears Ears National Monument and half of Grand Staircase-Escalante National Monument, Southern Utah Wilderness Alliance Executive Director Scott Groene issued the following statement:
“If President Trump chooses to act on the disgraceful work that is leaking out of the Department of Interior by shrinking Bears Ears and Grand Staircase Escalante National Monuments, it will not withstand its coming test in courts any more than it will withstand the judgement of history.”
“The new boundaries reflected in the leaked reports are a decimation of two iconic landscapes and an insult to the tribes that advocated to protect Bears Ears. To slash these monuments at the behest of ideological extremists and dirty energy barons without regard to the consequences to the landscape or to the overwhelming consensus of millions of Americans who have voiced strong opposition to any changes to our national monuments would be the single most harmful attack any president has launched on public lands.”
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