Utah Public Lands Lawsuit
On August 20, 2024, the State of Utah filed a lawsuit against the United States, arguing that the federal government’s ownership of more than 18.5 million acres of public land within the state is unconstitutional. Utah sought a Supreme Court ruling that would force the federal government to sell or transfer these lands, claiming it cannot hold them in trust for the public. Fortunately, on January 13, 2025, the Supreme Court declined to hear the case. However, we fully expect Utah to pursue the matter further by filing a new case in federal district court.
If a lower court were to agree with Utah–that the federal government has no constitutional authority to own lands other than for military installations and the nation’s capital, the ruling would not be limited to Utah. It would call into question the federal government’s ownership of public lands in all states.
It is likely that other states would then also actively seek the transfer or sale of public lands within their borders. Thirteen states, including North Dakota, filed amicus briefs for the Supreme Court lawsuit.
While the State of Utah states that their claims are limited to only “unappropriated” lands, it is not clear that a ruling in the state’s favor would be so narrow. The logical conclusion of many of Utah’s arguments-–flawed as they may be—suggest that federal ownership is limited only to those purposes specifically identified in the Constitution: forts, magazines, arsenals, dock-yards, other needful buildings, and the nation’s capital.
If Utah wins, we risk losing treasured landscapes like national parks, national monuments, national forests and wildlife refuges. While Utah calls for federally-owned lands to be transferred to the state, such an outcome is far from certain. Consistent with Utah’s own legal arguments, it’s possible that a lower court will order the federal government to simply sell the lands to the highest bidder.
And even if the federal government transferred ownership to states, there is nothing stopping Utah from selling the lands to private parties. Indeed, Utah law already has a process in place for doing so and could always amend these laws to make the sale easier or even mandatory. As history tells us, states have regularly sold off their own public lands to cover budget shortfalls or when management becomes too expensive.
Utah’s argument flies in the face of over 150 years of established legal precedent and historical practice. Indeed, the Supreme Court has regularly and repeatedly upheld Congress’s “absolute right” under the constitution to hold and manage lands for the benefit of the public. For generations, the federal government has properly and legally held, managed, protected and developed public lands for the benefit of the American people.