September 01, 2017

Bears Ears National Monument: Unprecedented surveys of boundary lines and executive authority

Kathryn A. Tipple

On December 28, 2016, as he was ending his second term, President Barrack Obama declared by Presidential Proclamation the Bears Ears National Monument in southern Utah. Proclamation 9558 (Dec. 28, 2016). President Donald Trump has since sought review of this proclamation, causing heated debate over whether a president can curtail or rescind monument proclamations pursuant to the Antiquities Act (Act). Much about the review process itself is unprecedented, arguably expanding the authority conferred by the Act, and litigation is frequently discussed.

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