10th Circuit Revives Legal Challenge to Biden's Utah Monument Expansion
The 10th Circuit reinstates judicial scrutiny of Biden's Utah national monument expansions.
Why it matters: Why it matters: Environmental and administrative law professionals should watch this case as it could redefine presidential authority under the Antiquities Act and impact federal land use management.
- On June 23, 2026, the 10th Circuit revived legal review of Biden's expansions of Grand Staircase-Escalante and Bears Ears monuments.
- Biden restored the original monument boundaries in 2021, reversing Trump's 2017 size reductions.
- Utah and two counties sued, arguing Biden exceeded his Antiquities Act authority.
- A 2023 district court ruling had dismissed the case, citing broad presidential powers over monuments.
- The 10th Circuit's decision may set precedent on judicial oversight of presidential monument designations.
On June 23, 2026, the U.S. Court of Appeals for the Tenth Circuit revived judicial scrutiny over President Joe Biden's restoration of the Grand Staircase-Escalante and Bears Ears National Monuments in Utah. This move reopens legal questions about the limits of presidential power under the Antiquities Act of 1906.
In 2021, Biden restored the original monument boundaries that former President Donald Trump had significantly reduced in 2017. The state of Utah and two counties challenged Biden's actions in court, asserting that he exceeded the presidential authority granted by the Antiquities Act by expanding these protected areas.
Earlier, in August 2023, U.S. District Judge David Nuffer dismissed the lawsuits, holding that the Antiquities Act grants the president broad authority to designate national monuments, which courts should not second-guess. Judge Nuffer stated, "The Antiquities Act gives the president broad authority to designate national monuments and that courts cannot second-guess that authority." This ruling had effectively foreclosed judicial review.
The 10th Circuit's decision now reverses that limitation by reinstating the possibility of judicial review, allowing courts to examine challenges to the president's authority under the Antiquities Act. Legal experts say this could impact future federal land use policies and monument designations, signaling a potential shift in how courts will handle disputes over presidential power in environmental conservation.
For legal teams advising government agencies, environmental groups, or private stakeholders, the case offers a crucial barometer for the scope of executive authority over national monuments. It also highlights continuing tensions between federal land management priorities and state or local interests.
By the numbers:
- June 23, 2026 — Date of 10th Circuit's reinstatement of judicial review
- 2021 — Biden restored original boundaries of two Utah national monuments
- 2017 — Trump reduced the size of Grand Staircase-Escalante and Bears Ears
- August 2023 — District Court dismissed challenges to Biden's monument restoration
Yes, but: The 10th Circuit reinstated judicial review but has not yet ruled on the merits; broad presidential authority under the Antiquities Act remains a strong legal argument.
What's next: The case will proceed in the 10th Circuit, with further briefs and arguments expected to clarify the legal limits of presidential authority under the Antiquities Act.