A recent legal opinion from the Justice Department has sparked a debate about the power of the President to abolish national monuments. This opinion asserts that President Donald Trump has the authority to revoke protections for monuments that were established to safeguard historical and archaeological sites. The opinion challenges a long-standing view that monuments designated by previous presidents under the Antiquities Act cannot be undone.
This discussion comes as Trump’s administration considers changes to national monuments across the country, coinciding with efforts to boost U.S. energy production. Critics, including Senator Martin Heinrich of New Mexico, argue that this move is an attempt by Trump to erase important national monuments.
During his first term, Trump reduced the size of the Bears Ears and Grand Staircase-Escalante National Monuments in Utah. He characterized these areas as a “massive land grab.” In addition, he lifted restrictions on fishing in a marine monument off the New England coast.
The monuments currently in question were designated by President Joe Biden just before he left office. These include the Chuckwalla National Monument in Southern California and the Sáttítla Highlands National Monument in Northern California. Biden’s designations prohibit oil and gas drilling and mining in these areas, which together cover nearly 850,000 acres. Chuckwalla is known for its unique landscapes and rare wildlife, while Sáttítla Highlands is significant for its connection to Native American tribes.
The Justice Department’s recent opinion suggests that if a president believes that certain protections are no longer warranted, they can revoke the monument designations. This has raised concerns among environmental groups, who argue that the opinion does not give Trump the authority to shrink these protected areas at will. They emphasize that public support for national monuments remains strong, and many Americans oppose any efforts to dismantle these protections.
Biden has made efforts to restore and create new national monuments, including sites of historical significance and sacred Native American lands. Since the Antiquities Act was signed into law by President Theodore Roosevelt in 1906, presidents have used it to establish protections for cultural and natural resources. However, history shows that some presidents have also reduced the size of existing monuments.
The ongoing debate highlights the tension between conservation efforts and the push for resource development, raising questions about the future of America’s protected lands. As the situation develops, the legal authority of the President to alter national monuments remains a contentious issue.