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From the Daily Caller: Utah filed a major lawsuit with the Supreme Court on Tuesday that could have major implications for federalism and the administration of public lands across the country if successful.
Utah’s lawsuit contends that the Bureau of Land Management (BLM) does not have the authority to effectively hold “unappropriated” state lands indefinitely under the Federal Land Policy and Management Act (FLPMA), the state announced. The federal government controls about 18.5 million acres of “unappropriated” Utah land under the FLPMA, and Utah’s suit argues that the state ought to control this land because nothing in the Constitution expressly permits the federal government to do so instead.
In the context of federal lands, “appropriated” land is that which has been designated for specific purposes like military use or to serve as a national park, for example, according to the state of Utah. By comparison, “unappropriated” territory is essentially land that the federal government is controlling “without formally reserving it for any designated purpose.”
In a social media post, Utah Governor Spencer Cox shared a map showing the vast amount land that is under control of the federal government. Cox wrote:
The Federal Government controls 70% of the land in Utah. The U.S. Constitution never intended a federal agency to hold onto so much land in any state – that’s why the state of Utah is asking the U.S. Supreme Court to weigh in on this constitutional question we, and many western states, have had for years.
Today the state of Utah filed a landmark public lands lawsuit asking the U.S. Supreme Court to address whether the federal government can hold “unappropriated’ lands within a state indefinitely.
The “unappropriated” land in question is approximately 18.5 million acres, or 34% of land in Utah, controlled by the Bureau of Land Management. This lawsuit will NOT impact the millions of “appropriated” acres already designated as national parks, national monuments, wilderness areas, national forests, Tribal lands, or military properties.
This lawsuit is a critical first step to ensure the best management of Utah public lands far into the future. Utah is committed to keeping public lands in public hands and locally controlled. Utah deserves priority when it comes to managing its land. And Utahns are best positioned to understand and respond to the unique needs of our environment and communities.
The Federal Government controls 70% of the land in Utah. The U.S. Constitution never intended a federal agency to hold onto so much land in any state – that’s why the state of Utah is asking the U.S. Supreme Court to weigh in on this constitutional question we, and many western… pic.twitter.com/32k8XpT2od
— Utah Gov. Spencer J. Cox (@GovCox) August 20, 2024
“Today, the state of Utah filed a historic lawsuit that seeks to end unconstitutional federal control over 18.5 million acres of BLM-held land,” Utah Attorney General Sean Reyes announced.
Today, the state of Utah filed a historic lawsuit that seeks to end unconstitutional federal control over 18.5 million acres of BLM-held
land.Below, AG @SeanReyesUT introduces the lawsuit and describes what it means for Utah. https://t.co/EVMRj1gqPZ
— Utah Attorney General (@UtahAG) August 20, 2024
After decades of legal analysis, the state of Utah has filed a landmark public lands lawsuit asking the U.S. Supreme Court to address whether the federal government can simply hold unappropriated lands within a state indefinitely.
STAND FOR OUR LAND.https://t.co/zNNNoe5SEW pic.twitter.com/ay05FP6eOy
— Utah Attorney General (@UtahAG) August 20, 2024
LIVE NOW: Gov. Cox and state leaders make a public lands announcement. https://t.co/UIfT0tSGW1
— Utah Gov. Spencer J. Cox (@GovCox) August 20, 2024
Below is the full lawsuit:
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