But beyond President Trump’s dubious reading of the Antiquities Act, his threats also implicate a suite of other cultural and ecological laws implemented within our national monuments.
By opening a Department of Interior review of all large-scale monuments designated since 1996, Trump places at risk two decades’ worth of financial and human investment in areas such as endangered species protection, ecosystem health, recognition of tribal interests and historical protection.
Why size mattersTrump’s order suggests that larger-scale monuments such as Bears Ears National Monument in Utah, or the Missouri River Breaks National Monument in Montana, run afoul of the Antiquities Act because of their size. Nothing is farther from the truth. The act gives presidents discretion to protect landmarks and “objects of historic or scientific interest” located within federal lands. Designations are not limited to a particular acreage, but rather to “the smallest area compatible with proper care and management of the objects to be protected.”
Thus, the size and geographic range of the protected resources dictate the scale of the designation. We would not be properly managing the Grand Canyon by preserving a foot-wide cross-section of its topography in a museum.
The U.S. Supreme Court upheld the validity of larger-scale monuments when it affirmed President Teddy Roosevelt’s 1908 designation of the Grand Canyon as “the greatest eroded canyon in the United States” in Cameron v. U.S. in 1920. Cameron, an Arizona prospector-politician, had filed thousands of baseless mining claims within the canyon and on its rim, including the scenic Bright Angel Trail, where he erected a gate and exacted an entrance fee. He challenged Roosevelt’s sweeping designation and lost, spectacularly, because the Grand Canyon’s grandeur was precisely what made it worthy of protection.
By downsizing or dismantling a monument, Trump would be intentionally unprotecting the larger-scale resources our nation has been managing as national treasures. The loss in value would be considerable, and compounded doubly by the lost cultural and ecological progress we have made under related laws.