Justice Department Affirms Trump’s Authority to Rescind National Monument Designations
During his presidency, Joe Biden established ten new national monuments, notably the historic Camp Hale Continental National Monument nestled within Colorado’s White River National Forest. Conversely, the administration of former President Donald Trump appears to be gearing up to rescind some of these designations, though which specific sites are under consideration remains uncertain.
On June 10, the U.S. Department of Justice issued a legal interpretation asserting that Trump possesses the authority to revoke previously established national monuments, a stance that contradicts 87 years of the department’s interpretations of the Antiquities Act. This act, enacted in 1906, allows presidents to establish national monuments to safeguard landmarks and objects of historical or scientific significance.
Historical Context of the Antiquities Act
The Antiquities Act has been utilized by nearly every president since its inception, with only Richard Nixon, Ronald Reagan, and George H. W. Bush refraining from making such designations. Over 160 national monuments have been designated as a result, including nine in Colorado alone. Mark Squillace, a legal expert in natural resources law at the University of Colorado Boulder, noted that this recent legal stance from the Trump administration indicates a potential strategy for legally challenging Biden’s monument designations as well as those from previous administrations.
Potential Targets for Revocation
The specific national monuments that the Trump administration may aim to abolish or diminish is unclear. However, the Justice Department has indicated interest in two newly designated monuments in California: the Chuckwalla and Sáttítla Highlands National Monuments. A report from The Washington Post earlier this spring outlined six other national monuments under review, including:
- Chuckwalla
- Baaj Nwaavjo I’tah Kukveni-Ancestral Footprints of the Grand Canyon
- Ironwood Forest in Arizona
- Bears Ears in Utah
- Grand Staircase in Utah
- Organ Mountains-Desert Peaks in New Mexico
| Monument Name | State | Established By |
|---|---|---|
| Camp Hale Continental Divide | Colorado | Joe Biden |
| Bears Ears | Utah | Barack Obama |
| Grand Staircase | Utah | Bill Clinton |
| Organ Mountains-Desert Peaks | New Mexico | Barack Obama |
Opposition to the potential rescindment of national monuments is mounting, with public land and environmental advocacy organizations raising alarms about the overwhelming support these protections enjoy across the political spectrum. A recent poll conducted by the 2025 Conservation in the West Poll revealed that 92% of Colorado voters, irrespective of party lines, favor maintaining national monument designations put in place over the last decade.
Legal and Political Implications
The essence of the Justice Department’s new opinion, signed by Deputy Assistant Attorney General Lanora Pettit, revolves around whether the Antiquities Act allows a president to dismantle or modify national monument designations. Pettit argues that the power to revoke such designations has been misinterpreted historically, advocating for the change.
This ruling draws on initiatives from Trump’s previous administration aimed at diminishing protections for public lands in favor of development. Furthermore, the conservative Project 2025 blueprint calls for the repeal of the Antiquities Act, questioning the legitimacy of all monument dedications since the Carter administration.
According to legal experts, if the current administration proceeds with revocations, significant litigation is anticipated. The ongoing debate surrounding the Antiquities Act is expected to continue influencing public lands policies long into the future.
