A federal judge in Arizona has dismissed a legal challenge from Republican state lawmakers who sought to overturn President Joe Biden’s designation of the area near the Grand Canyon as a national monument.
U.S. District Court Judge Stephen McNamee ruled that Arizona Senate President Warren Petersen (R-14) and former House Speaker Ben Toma (R-27) lacked standing to challenge the creation of the Baaj Nwaavjo I’tah Kukveni Ancestral Footprints of the Grand Canyon National Monument in federal court. McNamee dismissed the lawsuits without prejudice, citing a lack of subject matter jurisdiction.
The ruling also affects lawsuits brought by the Arizona Legislature, Arizona Treasurer Kimberly Yee, Mohave County, the towns of Colorado City and Fredonia, and rancher Chris Heaton, whose Y-Cross Ranch operates within the monument’s boundaries.
Petersen and Toma led the legal challenge against the Biden administration, seeking to overturn the monument designation. The plaintiffs argued that the designation would harm state and local governments by limiting potential uranium mining revenues and complicating efforts to develop State Trust Lands in the region. Heaton expressed concerns that “the Proclamation has exposed him to severe regulatory burdens and the threat of criminal penalties for engaging in everyday conduct on his ranch.”
McNamee rejected the legislature’s argument that it had standing based on its authority over State Trust Lands, stating that “lessened revenue to the state budget and state fund does not amount to a particularized injury” that would allow the legislature to sue on its own behalf. The judge cited precedent, noting that the legislature had failed to show any direct injury and that litigation on behalf of the state was the executive branch’s prerogative.
Regarding local government plaintiffs, McNamee ruled that their claims of economic harm from restricted uranium mining were speculative. He pointed out that mining restrictions had already been in place due to a 2012 federal withdrawal and any potential economic impact would not materialize until after 2032. The court concluded that fears of lost revenue and increased regulatory burdens did not meet the constitutional requirements for standing and dismissed their claims.
McNamee found that Heaton failed to demonstrate a regulatory burden resulting from the monument designation. He noted that Heaton is already subject to federal regulations due to his Bureau of Land Management (BLM) grazing permits. Any new permitting requirements would fall on the BLM, and the proclamation explicitly states that existing grazing leases and their renewals remain unaffected.
Reactions
Petersen told the Arizona Republic that he plans to file an appeal.
“We are reviewing this ruling and will likely file an appeal,” Petersen said in a written response to questions. “We are confident this unconstitutional land grab will be reversed, either by the courts or by the Trump administration.”
During his first term, President Donald Trump reduced the size of the Grand Staircase-Escalante National Monument by half and the Bears Ears National Monument by 85%. The Clinton and Obama administrations initially designated both monuments. Former President Joe Biden later restored protections for both monuments.
Neither Gov. Katie Hobbs (D) nor Attorney General Kris Mayes challenged the 2023 monument designation and instead moved to dismiss the lawsuit. According to the Daily Independent, Mayes welcomed the ruling, stating, “I speak for the state in federal court,” and criticized the lawsuit as “a blatant attempt at a power grab” that “overstepped their authority and wasted taxpayer resources.”
Tribal Nations in the region celebrated the ruling, which upholds protections for a culturally significant area.
“The designation of Baaj Nwaavjo as a national monument was the result of tireless advocacy by the Havasupai Tribe and our members,” said Havasupai Tribe Chairwoman Bernadine Jones. “We fought for decades to protect these lands, and we are grateful that the court has dismissed the challenge to those hard-won protections.”
According to the Arizona Republic, Jones recalled concerns about the incoming Trump administration’s plans, fearing they would reverse the monument designation and reopen the area to uranium prospecting.
Energy Fuels, a uranium mining company, was not involved in the lawsuit but previously criticized Biden’s 2023 designation as conflicting with efforts to produce carbon-free energy. Company spokesman Curtis Moore said that while Energy Fuels “supports protecting public lands where appropriate,” shifting monument boundaries based on presidential administrations creates uncertainty, making it difficult for companies to plan investments and for agencies to manage the land.
Monument proclamation
On Aug. 8, 2023, Biden designated the Baaj Nwaavjo I’tah Kukveni Ancestral Footprints of the Grand Canyon National Monument under the Antiquities Act of 1906. Through Proclamation 10606, the administration set aside approximately 917,618 acres in northern Arizona, consisting of three non-contiguous parcels bordering Grand Canyon National Park, Kaibab National Forest, Vermilion Cliffs National Monument and Grand Canyon-Parashant National Monument. The monument also neighbors Navajo, Kaibab-Paiute and Havasupai reservations.
The designation intends to protect over 3,000 known cultural and historic sites, including 12 properties on the National Register of Historic Places. The area contains sacred locations and artifacts significant to Indigenous communities, such as ancient trails, cliff dwellings, rock art and ceremonial sites. The monument preserves geological and hydrological interest areas, diverse plant and animal species, and remnants of European settlements. — Charles Wallace, WLJ contributing editor
