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The Department of Justice responded to the Utah lawsuit seeking control of 18.5 million acres of federal lands, stating that the lawsuit “plainly lacks merit” and is not worthy of being heard by the Supreme Court. A DOJ legal brief filed with the Supreme Court on Thursday argued that the U.S. Constitution clearly allows the federal government to control the lands. The lawsuit claims that the federal government lacks the authority to permanently retain public lands without a valid and immediate government purpose.
The brief dismisses Utah’s legal claims for several reasons, including that the statute of limitations for civil actions against the United States is six years. Additionally, the DOJ argues that Utah should have first filed its complaint with the U.S. district court instead of directly to the Supreme Court. “Utah’s complaint does not satisfy the Court’s usual criteria for entertaining an original case,” according to the DOJ brief.
If the Supreme Court accepts the case and sides with Utah, it could have dire implications for public lands nationwide. The Las Vegas Sun laid out the existential threat the lawsuit poses in an editorial this weekend, arguing that “the Supreme Court must reject Utah’s misguided attempt to seize public lands. The stakes are too high. If the court allows this lawsuit to succeed, it will not only privatize millions of acres of public land but also jeopardize the West’s way of life and undermine the very principle of shared stewardship that defines our nation’s public lands.”
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We in the West know what state or private ownership means for forests. Stumps, and lots of them. In contrast, public lands mean trees hundreds of years old, superb wildlife habitat, clear, clean water, and unmatched recreation opportunities. And our heritage.”
