DOJ Reverses Legal Precedent, Asserts Trump Can Revoke Biden-Era National Monuments
In a surprising legal move, the Department of Justice has declared that former President Donald Trump possesses the authority to dismantle national monuments created by his predecessor, President Joe Biden. This assertion contradicts a long-standing legal understanding that the Antiquities Act of 1906 only allows for the creation of such monuments, not their revocation. The DOJ’s stance is rooted in the argument that the act’s provisions, which grant presidents the power to establish monuments, inherently include the ability to rescind them.
This legal reversal has drawn swift criticism from Senate officials, particularly from Sen. Martin Heinrich, a Democrat from New Mexico and the ranking member of the Senate Natural Resources Committee. Heinrich has denounced the DOJ’s opinion as an attempt to erase the historical and cultural significance of national monuments. He emphasized that these monuments are integral to the nation’s heritage, representing the stories of its ancestors and supporting local economies.
In the final days of his presidency, Biden designated two new national monuments: the Chuckwalla National Monument and the Sáttítla Highlands National Monument, both located in California. These designations were intended to safeguard hundreds of thousands of acres of land. The DOJ’s opinion has sparked debates about the legal interpretation of the Antiquities Act and its implications for future administrations. The decision has also raised concerns about the potential impact on environmental protections and recreational activities, as the DOJ’s legal team suggested that Biden’s motivations for creating the monuments were primarily recreational rather than protective.
While the DOJ’s opinion has drawn criticism, it has also generated discussion about the broader implications of presidential authority in land management. The Department of Justice has yet to confirm whether or when Trump would proceed with revoking any of the monuments designated by Biden. However, the opinion has intensified the debate over the balance between environmental protection and resource development, with some advocating for greater flexibility in land use policies.