DOJ argues Trump may cancel Biden-era national monuments

Contrary to a longstanding legal opinion, the Justice Department says that President Donald Trump has the authority to revoke the status of national monuments established under former President Joe Biden.

A sign is set up ahead of President Joe Biden's visit to the Chuckwalla National Monument, Jan. 7, 2025, to the Coachella Valley, Calif. (AP Photo/Damian Dovarganes, File)

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The monuments could lose their status after a Trump DOJ legal opinion reversed a 1938 determination that presidents did not have the power to abolish monuments designated by previous presidents under the Antiquities Act of 1906. 

Deputy Assistant Attorney General Lanora Pettit argued in the opinion that "for the Antiquities Act, the power to declare carries with it the power to revoke."

In his first term, Trump reduced the size of Bears Ears and Grand Staircase Escalante National Monuments in Utah, according to the Associated Press. The outlet noted that Trump claimed the monuments were a "massive land grab." However, Biden later restored them during his term in office.

Then-President Joe Biden signs a proclamation establishing Chuckwalla National Monument, at the White House in Washington, D.C., Jan. 14, 2025.  (REUTERS/Kevin Lamarque)

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In the legal opinion, Pettit wrote that Biden’s designation of the new monuments was part of a larger effort to create an environmental legacy for himself. She also appeared to discredit Biden’s reasons for designating the sites as national monuments, including the creation of more places for outdoor recreational activities, like biking, hiking, hunting and camping.

"Such activities are entirely expected in a park, but they are wholly unrelated to (if not outright incompatible with) the protection of scientific or historical monuments," Pettit wrote.

There is no clear indication if or when Trump would revoke the status of the two sites established by Biden—or the status of any other monuments. However, according to Reuters, White House spokesperson Harrison Fields spoke about the need to "liberate our federal lands and waters to oil, gas, coal, geothermal, and mineral leasing" when asked about the opinion.

Rachel Wolf is a breaking news writer for Fox News Digital and FOX Business.

https://www.foxnews.com/politics/doj-argues-trump-may-cancel-biden-era-national-monuments