Bears Ears lawsuit puts outdoor access and monument protections back in court
A coalition of environmental, tribal, conservation and recreation groups has asked a federal court for permission to challenge President Donald Trump’s reduction of Bears Ears National Monument, putting the future of public-land protections and access back before judges.
The groups filed a proposed second amended and supplemental complaint on September 2, 2026, in consolidated federal litigation in the District of Columbia. The filing asks the court to allow the case to be supplemented and does not mean the court has already reopened the case or ruled on the merits.
What the July proclamation changed
Trump’s July 13 proclamation, published in the Federal Register on July 17, excluded approximately 1,238,904 acres from Bears Ears National Monument. It retained approximately 121,096 acres in two units: Shash Ja’a and Indian Creek.
The proclamation says that, 60 days after it was issued, excluded public and National Forest System lands would be open, subject to valid existing rights, existing withdrawals and applicable law, to specified public-land uses, mineral and geothermal leasing, and mining claims. The stated transition date was September 11, 2026.
That date does not show that new mining or leasing has occurred. Any future activity would still depend on agency decisions, existing rights, other withdrawals, environmental and cultural-resource requirements, and parcel-specific rules.
Why outdoor users are watching
Bears Ears matters to climbers, hikers, campers, hunters, cultural-site visitors and businesses that provide outdoor services. Indian Creek is a major climbing destination, while the broader landscape includes roads, trails and places of deep significance to Native communities.
The proclamation directs the Interior and Agriculture departments to maintain a management plan and consider public access, recreation, hunting, livestock grazing and transportation planning. It also says existing roads and trails remain governed by other laws and regulations and calls for a new transportation plan.
For visitors and businesses, that points to a potentially gradual series of changes through agency notices, road and trail decisions, permits, management plans or mineral-related actions rather than one immediate, uniform rule across every parcel removed from the monument.
What the lawsuit argues
The plaintiffs’ central argument is that the Antiquities Act authorizes presidents to declare national monuments and reserve land, but does not authorize a president to unilaterally rescind or reduce an existing monument. They also argue that the reduction intrudes on Congress’s authority over federal property under the Constitution’s Property Clause.
The filing separately alleges that agency implementation of the 2026 proclamation violates the Administrative Procedure Act. Those are allegations made by the plaintiffs, not established violations, and the case remains unresolved.
What the administration’s proclamation says
The proclamation says the retained area is the smallest compatible area needed to protect the historic and scientific objects identified in earlier monument proclamations. It also cites federal land-management limits, resource protection, mineral development and national-security considerations in explaining the reduction.
The order terminates the Bears Ears Commission while retaining tribal consultation obligations under other applicable authorities and revising the structure of the monument’s advisory committee. It directs agencies to consider access, recreation and hunting in future planning, but does not by itself close or newly authorize ordinary recreation across all former monument lands.
What has not been decided
No ruling resolving the legality of the 2026 reduction was identified. The September 2 filing is a request for court action, not a judgment that the proclamation is invalid.
The next important developments could include a decision on whether the plaintiffs may supplement the existing case, a request for or ruling on preliminary relief, and agency steps to implement the proclamation or begin new planning.
What visitors should watch
Visitors, climbers, hunters and outdoor businesses should monitor Bureau of Land Management and Forest Service notices for parcel-specific changes involving access, roads, trails, permits, transportation planning and land-use decisions. The legal status of the 2026 reduction remains unsettled while the federal case proceeds.
Sources
- Federal Register proclamation
- Proposed supplemental complaint
- Associated Press report
- KUER/KNAU report
Look for updates to this story
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