Utah challenges federal land control in landmark lawsuit

Map of BLM land in Utah, subject of lawsuit against feds
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  • Utah sues the federal government over control of ‘unappropriated’ lands.
  • The lawsuit targets 18.5 million acres managed by the Bureau of Land Management.
  • Utah claims the federal government’s indefinite land holding violates state sovereignty.
  • Governor Cox emphasizes the need for active land management and protection.

September 3, 2024 — On August 20, Utah took a bold step by filing a lawsuit against the federal governmentOpens in a new tab., challenging its control over vast swathes of land within the state. The lawsuit focuses on approximately 18.5 million acres of “unappropriated” land currently managed by the Bureau of Land Management (BLM).

The crux of Utah’s argument is that the federal government’s indefinite holding of these lands, without any specific designated purpose, infringes upon the state’s sovereignty. Governor Spencer CoxOpens in a new tab. highlighted the limitations this places on Utah’s ability to manage and protect its natural resources, stating, “It is not a secret that we live in the most beautiful state in the nation. But, when the federal government controls two-thirds of Utah, we are extremely limited in what we can do to actively manage and protect our natural resources.”

Utah Attorney General Sean D. Reyes echoed this sentiment, stating that the current federal land policy “violates state sovereignty and offends the original and most fundamental notions of federalism.” The lawsuit seeks to address whether the federal government can indefinitely retain unappropriated lands within a state.

The outcome of this lawsuit could have far-reaching implications for the balance of power between states and the federal government regarding land management and control. It remains to be seen how the U.S. Supreme Court will respond to Utah’s challenge and whether it will shift federal land policy.

More information and FAQs are at the state’s Stand For Our Land websiteOpens in a new tab..  Explainer video:

Deborah

Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

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