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On Tuesday, the U.S. Department of Justice released an opinion arguing that presidents have the power to undo national monuments under the 1906 Antiquities Act, going against an almost 100-year-old interpretation of the bedrock conservation law.
The White House specifically asked the office to examine whether President Donald Trump could revoke former President Joe Biden's proclamations creating Chuckwalla and Sáttítla Highlands national monuments in California, both of which were protected at the request of Native American Tribes. Lanora Pettit, the opinion's author, wrote, “We think that the President can, and we should.”
This position is a strong departure from a 1938 Justice Department opinion, which found that presidential monument designations are irrevocable and unchangeable.
“The Trump administration can come to whatever conclusion it likes, but the courts have upheld monuments established under the Antiquities Act for over a century,” said Center for Western Priorities Executive Director Jennifer Rokala. “This opinion is just that, an opinion. It does not mean presidents can legally shrink or eliminate monuments at will.”
The reversal or shrinkage of national monuments is extremely unpopular among Westerners. Eight-eight percent of voters, including 81 percent of MAGA voters, support keeping national monument designations made over the last decade in place.
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This is the equivalent of throwing a dart at the wall, then painting a bullseye around it.”
