Overview
- The U.S. Court of Appeals for the Tenth Circuit reversed a lower-court dismissal and revived Utah’s lawsuit over Biden’s 2021 restorations and expansions of Bears Ears and Grand Staircase-Escalante, a decision issued Tuesday.
- The majority ruled the district court used an incorrect sovereign-immunity standard and held that courts may hear claims that an official acted "ultra vires" or beyond legal authority under the Antiquities Act.
- The case was sent back to the district court for merits-phase proceedings where judges will consider whether Biden’s proclamations complied with the Act’s instruction that protections be limited to the "smallest area compatible" with the purpose.
- Utah officials said they will press the suit while intervenors such as the Southern Utah Wilderness Alliance expressed confidence the restorations will be upheld; the split decision included a dissent by Judge Richard Federico who warned the majority went too far.
- A ruling on the merits could set a broader precedent about how much deference presidents get in land withdrawals and could affect conservation, tribal cultural protections, and local land-use interests across the West.