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Full-Text Articles in Law
Up For Grabs: The State Of Fossils Protection In (Recently) Unprotected National Monuments, John C. Ruple, Michael Henderson, Caitlin Ceci
Up For Grabs: The State Of Fossils Protection In (Recently) Unprotected National Monuments, John C. Ruple, Michael Henderson, Caitlin Ceci
Utah Law Faculty Scholarship
On December 4, 2017, President Trump removed 2 million acres of land from the Bears Ears and Grand Staircase-Escalante national monuments. President Trump justified the reductions in part by claiming that many of the objects contained in the original monuments were already protected by other federal laws, and that the protections previously afforded to sixty-three percent of the land in the two original monuments were “unnecessary for the care and management of the objects to be protected within the monument[s].” This article explains why, contrary to the President’s assertions, plant and invertebrate fossils on the more than two million acres …
Law Professor Amicus Brief In Massachusetts Lobstermen's Association V. Ross Regarding The Legality Of The Northeast Canyons And Seamounts Marine National Monument, Robin Kundis Craig
Law Professor Amicus Brief In Massachusetts Lobstermen's Association V. Ross Regarding The Legality Of The Northeast Canyons And Seamounts Marine National Monument, Robin Kundis Craig
Utah Law Faculty Scholarship
This amicus brief discusses how, under domestic law, the President can establish national monuments, pursuant to the Antiquities Act, in the ocean. It focuses on the seabed's status as "land owned or controlled by the federal government" under U.S. law, as the Antiquities Act requires, and on the President's authority to regulate fishing within marine national monuments.
A Response To Dismantling Monuments, John C. Ruple
A Response To Dismantling Monuments, John C. Ruple
Utah Law Faculty Scholarship
This article refutes the main arguments made in Dismantling Monuments, which recently appeared in the Florida Law Review. It shows that national monument designations have been used to protect large landscapes for more than a century, and that no legal challenge to a monument’s size has ever succeeded. It then explains why the weight of evidence suggests that Congress, in passing the Antiquities Act, intended to endow the President with the power to designate national monuments; but that Congress did not intend to vest the President with the power to dramatically reduce them. It also dispels notions that in reducing …