Justice Department Claims Trump Has Authority to Reverse National Monuments; California Sites May Be Included

President Trump has been given the green light to eliminate national monuments established by previous presidents, according to a recent opinion from the Justice Department. This decision could pave the way for the dismantling of California’s newest national monuments: Chuckwalla and Sáttítla Highlands.

The legal opinion, released on May 27, reverses an 80-year-old stance that presidents cannot revoke monuments created by their predecessors under the Antiquities Act. This shift comes amid an initiative by the Interior Department to consider changes to national monuments as part of efforts to boost U.S. energy production, raising concerns among conservationists about the future of public lands.

In January, just before leaving office, President Biden designated Chuckwalla and Sáttítla Highlands as national monuments. The Justice Department’s new opinion explores whether the Antiquities Act allows for the revocation of these designations. The 50-page document states that presidents can determine if the landmarks or objects designated in previous declarations are no longer deserving of protection.

The Antiquities Act has been used by 18 presidents, evenly split between Republican and Democratic administrations, to protect significant lands. California boasts 21 national monuments, more than any other state.

During a Senate hearing, California Senator Alex Padilla expressed his concerns about the opinion, calling it “extremely dangerous.” He questioned Interior Secretary Doug Burgum about the administration’s intentions regarding the newly created monuments, which he noted have strong bipartisan support. Burgum acknowledged the need to consider the economic impact of land use restrictions on local communities.

Senator Adam Schiff, also from California, criticized the Trump administration for attempting to rewrite the Antiquities Act without congressional approval. He emphasized that Congress did not intend for the Act to allow a president to undo years of conservation efforts by local communities and tribal leaders.

Chuckwalla National Monument spans 624,000 acres of rugged terrain near Joshua Tree National Park, while Sáttítla Highlands covers 224,000 acres of pristine forests near the Oregon border. Native American groups played a crucial role in advocating for the protection of these lands, which they consider sacred.

Critics of the Antiquities Act argue that monuments should be limited to the smallest area necessary for proper management. However, supporters point out that the Act has historically been used to protect vast landscapes, including the Grand Canyon.

The legality of whether one president can undo another’s monument designations is still uncertain, as courts have not ruled on this issue. If Trump moves forward with changes to the California monuments, it is likely to spark legal challenges.

As the debate continues, conservation groups are working to raise awareness of the support for Chuckwalla and Sáttítla Highlands. Recently, an event was held to showcase the beauty and recreational opportunities these national monuments offer to the community.