A Resolution Supporting Utah v. United States Supreme Court Docket No. 220160

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Policy Status

  • Type: Model Resolution
  • Status: Draft
  • Date Introduced: December 4, 2024

Issues

  • Federalism
  • Environmental Stewardship

    • Task Forces

  • Federalism and International Relations

    • Tags

  • SNPS 2024

    • Summary

    While the federal government has become infamous for its mismanagement of the western lands under its control, the State of Utah has been taking serious and thoughtful steps toward beneficial care and management of this tremendous American resource. On August 20, 2024, Utah filed legal action in the U.S. Supreme Court challenging the constitutionality of the federal government’s indefinite retention of millions of acres within state borders. This resolution expresses support for this lawsuit.
    Draft

    A Resolution Supporting Utah v. United States Supreme Court Docket No. 220160

    WHEREAS, after decades of legal analysis and attempts to seek relief through other means, the

    State of Utah filed a landmark public lands lawsuit on August 20, 2024 asking the U.S. Supreme Court to address whether the federal government can constitutionally hold unappropriated lands within a State indefinitely; and

    WHEREAS, the scope of Utah’s lawsuit applies only to the federally held land that is “unappropriated”, meaning that the United States simply holds the land without any designated purpose; and

    WHEREAS, the scope of Utah’s lawsuit DOES NOT INCLUDE appropriated public land designated as national parks, national monuments, wilderness areas, national forests, Tribal lands, or military properties; and

    WHEREAS, although Utah’s lawsuit is specific to the 18.5 million acres of unappropriated land within Utah administered by the United States Bureau of Land Management (BLM), it is imperative that the Court answer the vital legal questions in this case as they inherently apply to all of the 245 million acres of unappropriated land administered by the BLM in 11 Western states, Alaska, the Dakotas, and a few Eastern States as well.

    NOW, THEREFORE, BE IT RESOLVED THAT this legislative body hereby supports Utah’s legal action as a co-signor of the Amicus Brief to be filed at the U.S. Supreme Court.