On January 13, the U.S. Supreme Court denied Utah’s lawsuit for control over the 18.5 million acres of public unappropriated Bureau of Land Management lands in the state. Utah officials were disappointed, but not discouraged from approaching the suit from a different angle.
“While we were hopeful that our request would expedite the process, we are disappointed in the Supreme Court’s decision not to take up this case,” Governor Spencer Cox, Senate President Stuart Adams, House Speaker Mike Schultz and Attorney General Derek Brown wrote in a statement the same day.
They added, however, that “the Court’s order does not say anything about the merits of Utah’s important constitutional arguments or prevent Utah from filing its suit in federal district court.”
They also affirmed that Utah would continue to push back against the federal government for local stewardship of these lands.
“Utah remains able and willing to challenge any BLM land management decisions that harm Utah,” they wrote. “We are also heartened to know the incoming Administration shares our commitments to the principle of ‘multiple use’ for these federal lands and is committed to working with us to improve land management. We will continue to fight to keep public lands in public hands because it is our stewardship, heritage and home.”
The Court’s order does not say anything about the validity of Utah’s request, stating simply, “The motion for leave to file a bill of complaint is denied.”
Now What?
According to Deseret News, state officials will probably move to have the case heard in a lower federal district court. Despite fixing Western states’ attention on Utah over the past few months though, the lawsuit is unlikely to gain much traction in the courts.
Had the lawsuit been successful in the Supreme Court, Nevada, Colorado, California, and even Alaska may have followed Utah.
And the results would have been pretty close to home along the Byway as well.
The unappropriated lands involved in Utah’s lawsuit included the Henry Mountains (in Wayne and Garfield counties) and Gemini Bridges (Grand), which have both had their travel management plans redone within the past two years.
If Utah were to win this lawsuit, a new Utah Department of Land Management would come into existence. This department would focus on public multiple use. A Utah trigger law would prohibit privatization of these lands except in rare situations.
– The Byway
Feature image caption: A map of the federal public and unappropriated land covering nearly 70% of the State of Utah. The state is suing the federal government for the 18.5 million acres covered in red, about 34% of the state.