Imagine standing at the edge of the Grand Canyon, feeling the vastness of the landscape stretching out before you. Now, imagine if this breathtaking view had been lost to commercial interests. Without the Antiquities Act, this might have been our reality. Today, the legacy of this law, which has protected America’s natural and cultural heritage for over a century, is under serious threat.
The Antiquities Act, signed into law by President Theodore Roosevelt in 1906, allows presidents to designate national monuments and protect significant cultural, historical, and natural resources. Roosevelt’s first use of the Act established Devils Tower National Monument in Wyoming. Just two years later, he used it to protect the Grand Canyon, preserving its vast, unique landscape for future generations.
Over the years, presidents from both parties have used the Antiquities Act to safeguard some of America’s most loved landscapes. Teddy Roosevelt alone established 18 national monuments. Franklin D. Roosevelt created nine, including what is now Joshua Tree National Park. Jimmy Carter protected 56 million acres in Alaska, vital to the state’s economy today. More recently, Presidents Bill Clinton, George W. Bush, and Barack Obama have utilized the Act to prevent industrial exploitation of large areas.
Recently, the Antiquities Act has come under significant threat. The Heritage Foundation’s Project 2025 aims to dismantle it, facilitating the transfer of public lands to energy extraction interests. Their plan involves legal challenges to the Act and appointing officials who support reducing public land protections.
During his presidency, Donald Trump reduced the size of Bears Ears and Grand Staircase-Escalante National Monuments significantly, marking the largest rollback of federal land protection in U.S. history. These actions were later reversed by President Joe Biden, who not only restored the original boundaries but also slightly expanded Bears Ears.
The Supreme Court plays a pivotal role in shaping the future of the Antiquities Act. With its conservative majority, the Court has shown interest in revisiting the Act’s provisions. Chief Justice John Roberts has publicly criticized the broad use of the Act, suggesting that future cases could challenge the precedent allowing large-scale national monuments.
In a 2021 public letter, Chief Justice Roberts expressed his concerns about the interpretation of the Antiquities Act, specifically the provision that monuments should be “limited to the smallest area compatible with the care and management of the objects to be protected.” He argued that this restriction has ceased to pose any meaningful restraint, transforming the Act into a power without discernible limits to set aside vast expanses of terrain.
Roberts identified several lawsuits in lower courts that could potentially challenge the Act, indicating the Court’s interest in finding a case that could provide an opportunity to revisit the legality of the Antiquities Act. This approach mirrors the Court’s recent handling of other significant issues, such as abortion rights, where they sought cases to issue rulings aligned with a conservative agenda.
In March 2023, the Supreme Court declined to hear two cases from Oregon’s logging industry challenging the application of the Antiquities Act. While it may seem counterintuitive for a Court looking to weaken the Act to reject such cases, these specific challenges were too narrowly focused and would not have provided the broad ruling the Court seeks. Instead, the Court is looking for a case with a large enough scope to justify a sweeping decision that could significantly limit or even dismantle the Act.
President Biden has made significant strides in conservation, leveraging the Antiquities Act to protect vast tracts of land. In 2023, his administration reached several conservation milestones:
The future of America’s public lands is at risk. With political and judicial challenges looming, the role of the Antiquities Act in protecting our public lands is more important than ever. Your vote helps ensure these natural and cultural resources remain protected for generations to come.
Take Action: Make your voice heard in the next election. Protect our public lands. Vote.
