Utah v. USA: Utah's Case for State Ownership of Bureau of Land Management's land

Earlier this week, the State of Utah filed a lawsuit with the Supreme Court of the United States challenging the federal government’s authority to retain “unappropriated” federal land within the state. Since the Federal Land Policy and Management Act (FLPMA) was enacted, the Bureau of Land Management has overseen more than 35% of Utah’s land resources. This arrangement allows the BLM to generate revenue from land development which reduces the state's ability to collect property taxes and other direct revenues, leading to a complicated management scenario that has often resulted in significant conflict.

Utah's legal action is a logical next step for a state that has advocated for years to transfer control of many federal lands to the states. The state argues that the federal retention of unappropriated lands infringes on its sovereignty and requests the court to clarify whether FLPMA allows the federal government to permanently hold these lands. Utah defines “unappropriated” lands as those not designated for specific uses, such as monuments, wilderness areas, national forests, Tribal lands, or military properties, but does include lands used for grazing allotments. The state has been actively promoting livestock grazing and securing grazing access on state and managed lands and is likely to pursue similar goals if the Supreme Court rules in its favor.

If Utah’s lawsuit succeeds, it could significantly alter the way public land is managed in other Western states. The Utah complaint highlights that the federal government controls less than 1% of the land in states like Connecticut, New York, and Rhode Island, and less than 3% in states such as Delaware, Maine, Massachusetts, Ohio, and Pennsylvania. Governor Spencer Cox used the opportunity to highlight Utah's natural beauty, boasting about the state's renowned landmarks including Zion National Park, Bryce Canyon, Arches, Canyonlands, Capitol Reef, and Bears Ears.

“It is not a secret that we live in the most beautiful state in the nation. But, when the federal government controls two-thirds of Utah, we are extremely limited in what we can do to actively manage and protect our natural resources,” said Governor Spencer Cox. “We are committed to ensuring that Utahns of all ages and abilities have access to public lands. The BLM has increasingly failed to keep these lands accessible and appears to be pursuing a course of active closure and restriction. It is time for all Utahns to stand for our land.”

Without question, the SCOTUS ruling in this case will affect federal land management policy for years to come. PLC will keep you updated. In the meantime, contact us to be involved in the Multiple Use policy committee where policy around federal land management is developed.

Source: Public Lands Council