10th Circuit Revives Utah Challenge to Biden’s Monument Restorations

Overview

• On Tuesday, June 23, 2026, a divided 10th U.S. Circuit Court of Appeals reversed a district court dismissal and revived the lawsuit by Utah and Garfield and Kane counties challenging Biden’s 2021 expansions of Bears Ears and Grand Staircase-Escalante.
• The majority found the lower court used a flawed view of sovereign immunity’s ultra vires exception and said that error requires further proceedings in the district court.
• The appeals court held that federal courts can consider legal challenges to a president’s use of the Antiquities Act rather than treating such proclamations as absolutely immune from review.
• The ruling revived parts of the case but rejected some plaintiff claims and remanded the matter for more fact-finding and legal briefing; Judge Richard Federico dissented, saying the remand went too far.
• Reactions diverged in coverage: conservation and tribal intervenors praised the decision and defended Biden’s actions, while Utah officials framed the ruling as a win for state oversight and some reports said the state attorney general’s office had not immediately commented.