On Monday, Arizona State President Warren Petersen and House Speaker Ben Toma and filed an amicus curiae in the case of Garfield County v. Biden, encouraging the 10th Circuit U.S. Court of Appeals to hear a case on what they say is the Biden administration’s “egregious abuse of power with seizing millions of acres of land in Utah.”
The Attorney General of Utah is arguing Biden administration’s unilateral move in 2021 of declaring more than 3 million acres of land in the southern part of the state now representing two “national monuments” is a violation of the Antiquities Act.
A federal judge recently dismissed the case. Toma and Petersen believe the judge erroneously ruled the Antiquities Act grants the president unlimited authority to designate monuments “as he sees fit,” and these actions are not reviewable by the court.
Toma and Petersen believe Utah is rightfully appealing this “bad decision.”
The Antiquities Act is a limited statute Congress enacted in 1906 to allow presidents to reserve small tracts of federal land to protect historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. Under the Act, the president is to reserve “the smallest area compatible with the proper care and management of the objects to be protected.” President Petersen and Speaker Toma argue this did not happen, and the guardrails Congress established to create a check on the president’s power have been violated.
“It is time for the courts to weigh in and stop this federal corruption. Joe Biden’s unlawful maneuvers in both Utah and Arizona promise to wreak havoc on our local economies, the livelihoods of our citizens, and our national security. His end goal is to pander to radical environmentalists by ending mining, ranching and other local uses of federal lands. This has nothing to do with protecting actual artifacts,” said Petersen.
“This federal overreach is unconstitutional, unacceptable, and sets a dangerous precedent. In the absence of Arizona’s Attorney General fighting back against Biden’s dictator-style land grabs, the Arizona Legislature is stepping up to protect our communities. We ultimately anticipate this issue will make its way to the U.S. Supreme Court where the president’s abuse of power will be reined in,” concluded Petersen.