Utah goes to Supreme Court to challenge BLM’s claim to ‘unappropriated’ public lands

LAS VEGAS ( KLAS ) — Utah filed a complaint on Tuesday asking the U.S. Supreme Court to weigh in on who really owns public lands, challenging federal ownership of 18.5 million acres of “unappropriated” land in the state.

It’s a big question for Utah, where the federal government owns about 69% of the land. But it’s an even bigger question for Nevada, where just over 80% of the land is federally owned.

Most federal control of land is through the Bureau of Land Management (BLM), the U.S. Forest Service and the National Parks Service. Utah is challenging the BLM’s claim to millions of acres under the Federal Land Policy Management Act (FLPMA).

Utah argues there’s nothing in the U.S. Constitution that gives the government the right to reserve that land.

But the Denver-based Center for Western Priorities (CWP) quickly labeled Utah’s argument as a waste of time and money.

“Governor (Spencer) Cox and the state legislature need to make a U-turn before they waste millions of taxpayer dollars enriching out-of-state lawyers on this pointless lawsuit,” Aaron Weiss, CWP deputy director, said in a news release.

“This lawsuit isn’t worth the paper it’s printed on,” Weiss said. “130 years ago, the people of Utah agreed to ‘forever disclaim all right and title’ to national public lands when Utah became a state. What part of ‘forever’ isn’t clear to you, governor? The property clause of the Constitution gives Congress, and only Congress, authority to transfer or dispose of federal lands. That’s the beginning, middle, and end of this lawsuit.”

Federal ownership of land has been a major point of contention in Nevada for more than six decades, dating back to the Sagebrush Rebellion in the 1960s and 1970s. Tensions blew up again in 2014 when rancher Cliven Bundy and his armed supporters faced down BLM agents who came to round up his cattle.

More recently, Nevada leaders have complained that the process to free up BLM land for housing development is too slow. A deal involving BLM land emerged only after Gov. Joe Lombardo expressed frustration with the process to President Joe Biden.

If Utah’s complaint is successful, it could dramatically change how public land is auctioned off for development in the Las Vegas valley.

Besides the 63% of Nevada under BLM’s control, the U.S. Air Force and the Department of Defense control a big chunk of the state just north of Las Vegas — the site of the Nellis Test and Training Range, the Nevada National Security Site (formerly the Nevada Test Site) and secretive installations including Area 51 .

The Utah complaint points out that the U.S. government controls less than 1% of the land in Connecticut, New York and Rhode Island, and less than 3% of Delaware, Maine, Massachusetts, Ohio and Pennsylvania.

Cox took the opportunity to boast about his state, which is home to Zion National Park, Bryce Canyon, Arches, Canyonlands, Capitol Reef, Bears Ears and other natural wonders.

“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,” Cox said.

“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.”

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