WASHINGTON – The Supreme Court on Monday turned back a push by the state of Utah to wrest control of vast areas of public land from the federal government, marking a small victory for land conservation advocates who worry that similar efforts may escalate in a Republican-controlled Washington.
The high court refused to let the GOP-controlled state file a lawsuit seeking to bring the land and its resources under state control. The decision came in a brief order in which the court did not explain its reasoning, as is typical. It marks the latest roadblock for states in a running feud with the U.S. government over who should control huge swaths of the West and the enormous oil and gas, timber, and other resources they contain.
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Utah’s top state leaders said they have not ruled out taking their lawsuit to a lower court.
In the Western state known for its rugged mountains popular with skiers and red-rock vistas that draw throngs of tourists, federal agencies control almost 70% of the land. Utah argues that local control would be more responsive and allow the state access to revenue from taxes and development projects.
The complaint sought control of about half of federal land, which still amounts to an area nearly as large as South Carolina. The parcels are used for things like energy production, grazing, mining and recreation. Utah's world-famous national parks and national monuments would have stayed in federal hands.
Monday's decision by the high court comes as the newly Republican-controlled Congress adopted a rules package that includes language allowing lawmakers to more easily transfer or sell off public lands managed by federal agencies. The rules consider public lands to have no monetary value, meaning lawmakers will no longer need to account for lost revenue if they decide to give parcels to states or extractive industries.
While conservationists applauded the court's rejection of what they called a land-grab lawsuit, many remained worried that the efforts will continue.
Public lands under state control could be vulnerable to privatization, degradation and oil drilling, said Steve Bloch, legal director for the Southern Utah Wilderness Alliance.
“If successful, Utah’s lawsuit would result in the sale of millions of acres of public lands in red-rock country to the highest bidder, an end to America’s system of federal public lands and the dismantling of the American West as we know it,” Bloch said.
Utah’s Republican Sens. Mike Lee and John Curtis criticized the court’s decision and promised legislative action. Curtis, who campaigned on being a climate-conscious Republican, said the people of Utah should be entrusted to manage the land they have lived on for generations.
“Building roads, moving cattle and cleaning up campgrounds all require navigating a behemothic bureaucracy that’s stacked up against the average Utahn,” Curtis said.
In a joint statement with Utah's Republican legislative leaders and attorney general, Gov. Spencer Cox said he was disappointed in the court's decision to turn away the lawsuit.
“Utah remains able and willing to challenge any BLM land management decisions that harm Utah," state leaders said. “We are also heartened to know the incoming administration shares our commitments to the principle of ‘multiple use’ for these federal lands and is committed to working with us to improve land management.”
While lawsuits typically start in federal district courts and eventually work their way up to the U.S. Supreme Court, disputes involving states can start at the nation's highest court if the justices agree to hear them.
Utah leaders noted that the high court did not comment on the merits of their arguments or prevent them from filing the lawsuit in a federal district court. Conservation groups say they'll remain ready to challenge any future lawsuits.
“This lawsuit is an assault on the country’s long-standing and successful history of safeguarding valuable and vulnerable landscapes in trust for all Americans,” said Chris Hill, who leads the Conservation Lands Foundation. “And while the Supreme Court’s decision to not hear the case is a reprieve, we fully expect this small group of anti-public lands politicians to continue to waste taxpayer dollars and shop their bad ideas.”
The federal Bureau of Land Management declined to comment.
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Schoenbaum reported from Salt Lake City.