President Trump’s decision to gut the Bears Ears National Monument by 85 percent won’t pass without a fight.
Yesterday, Donald Trump did exactly what everyone knew he’d do. The predictable bureaucrat signed away 85 percent of Bears Ears National Monument.
But his decision, broadly opposed by the outdoors industry, tribal leaders, and millions of Americans, will soon be headed to court.
Bears Ears: Years In The Making, Unraveled In Months
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Through the Antiquities Act, Congress delegated to the President the limited authority to designate national monuments and retained to itself the power to revoke or modify national monuments. The Proclamation signed by President Trump today is so extreme that it revokes and replaces Bears Ears and thereby violates the Antiquities Act and seizes authority that the Constitution vests solely in Congress. The Tribes argue this overreach by the President should be declared unlawful and be enjoined to prevent its implementation.