It took the U.S. Supreme Court 12 words and one period to dismiss more than 300 pages of legal arguments in which Utah, Wyoming and other Western states sought to establish control and ownership of millions of acres of federally managed public land.
Utah, Wyoming’s lone U.S. Rep. Harriet Hageman, state legislators, Gov. Mark Gordon and many others sought an emergency hearing to argue that the federal government illegally owns property that rightfully belongs to Western states. Wyoming and other parties filed briefs of their own supporting the Beehive State’s assertion that federal ownership was detrimental to those commonwealths.
The filings appear to be unappreciated by the justices.
“The motion for leave to file a bill of complaint is denied,” the court said in an order filed Monday.
Utah’s petition generated another 424 pages of legal entreaties by its supporters and critics, a count that includes rebuttals by the United States and the Ute Tribe.
Utah claimed the federal government could not own and control “unappropriated lands,” which are those not specifically designated for use by an enumerated federal power. Utah targeted 18.5 million acres of Bureau of Land Management property belonging to all Americans.
Beehivers first said they wanted the court to “dispose” of the BLM property, then clarified that the state just wanted the court to say it is unconstitutional for the government to hold “unappropriated” acreage.
Hageman claimed that federal ownership is an occupation equivalent to a casus belli, a situation that justifies war or conflict between nations. “[T]he standard is whether the federal government’s actions would amount to an invasion and conquest of that land if—assuming a counterfactual—Utah were a separate sovereign nation,” Hageman’s filing states.
Twenty-six Wyoming lawmakers also saddled up for Utah, urging the court to take up the case and saying their support does not mean they will not seek other federal property for the Equality State. The perturbed posse said its claims could extend to “all former federal territorial lands … now held by the United States … [including] parks, monuments, wilderness, etc.”
Six of the sympathetic signatories — Sens. Tim French (R-Powell), Larry Hicks (R-Baggs), Bob Ide (R-Casper), John Kolb (R-Rock Springs), Dan Laursen (R-Powell) and Cheri Steinmetz (R- Lingle) — voted for a draft bill that would allocate $75 million for the Legislature, independent of the executive branch or other state entities, to litigate against the federal government. Senate File 41 “Federal acts-legal actions authorized” will be considered when the Legislature convenes today.
Gordon was more reserved in Wyoming’s official state plea, alleging “harms that federal ownership … uniquely imposes on western States on a daily basis” as a reason for the Supreme Court to immediately take up the case.
“Perturbed posse” – superb. Thank you, WyoFile and Mr. Thuermer, for this tragi-comic piece.
Good to see our government is already seeking to become more efficient as our incoming administration claims to accomplish.
SCOTUS took a 300 page document and replied with 12 words and a period.
That in itself is a great accomplishment towards a more efficient use of our federal resources!
I’m grateful this higher court recognizes these are NOT federal lands, but Federally MANAGED lands – managed for the good of the American people. So stop calling these areas, “BLM lands,” or “Forest Service Lands,” or “BOR lands,” as the correct terminology is “BLM-managed lands,” and “Forest Service – managed lands” and “BOR-managed lands. These areas are entrusted to the American people, e.g. all of us. We are stewards, the same as these federal agencies, with a responsibility to care for our joint heritage of public lands and pass these on to the next generation. Just the way our forebears did for us.
I am ashamed that elected officials of our own State of Wyoming have collaborated on this grand scale attempted takings of land that belongs to all citizens of the United States. What unparalleled greed and short-sightedness and political boot-licking. Vote them out of office if you value your public lands.
Unusual to see something good happening these days. States should keep their filthy hands OFF lands owned by us all.
Twenty six lawmakers eh, sounds like a register of elected to vote against. When will we consider leaving the 1800’s and join the 20th century, not even considering the 21st or our legacy to our children.
So glad to see this verdict!
Our state officials, and the FC members, should be embarrassed and ashamed by endorsing Utah’s spurious litigation. This issue has been resolved by over one hundred years of litigation with one clear message from the American people, they want these lands to remain in the public, i.e. Federal, ownership. The lands are national resources and national treasures and the parochial views of each state are represented in the Federal processes, which quite rightly take into account broader concerns than the narrow desires of today’s elected officials. Thanks WyoFile for continuing your excellent coverage of this story.
Nice arguments & case, Larry!!
Gordon seems intent on bankrupting the state with his foolish lawsuits and appeals.
Checks and balances are much needed these days. Musk and other billionaires waiting for the public land pie will have to tell the politicians to work harder. I’m sure they will.
Good for the supreme court, I don’t know why these supposedly intelligent people in Wyoming do not understand that BLM land does not belong to Wyoming. Yes, there is many acres of BLM land in the Wyoming borders just like my property is in the Wyoming borders, but it is not the states property. I pay taxes to the counties, just like BLM pay taxes to the counties. I wish representative Hegeman would concern herself with the inflation in this country housing shortages, maternity deserts in Wyoming, wildfire problems throughout the west, and now the east , Russia aggressively attacking allies to our country like Ukraine. Maintaining a strong NATO alliance keeping a very watchful eye in China and many other issues in this country and world. Or maybe she doesn’t know how to address these issues.
Thank you, US supreme Court, on behalf of the millions of owners of these federally -managed PUBLIC lands.
Unfortunately, I think this was just a publicity stunt. They will now file in a lower court and continue legislative efforts as well. UT set aside $6.7 million for this effort and has spent about half that amount so far. Even CO’s democrat governor wants federal lands for housing. I stand with Backcountry Hunters and Anglers for keeping public lands in public hands.
Folks have been drooling over Federal lands for years. They belong to all United States citizens. They have largely been available to rape and scrape, but now that conservation has been put on equal grounds, the states can’ t abide it.
Fellow Americans, if a politician tries to steal our land, vote them out of office.
This is good news but I hope that the reason was not simply due to process. Utah attempted to skip the normal process and go direct to the supreme court. Hopefully Utah and the other states quit wasting tax payer money and LET THIS DIE!
We have some really stupid state senators and one congresswoman. What an embarrassment.
Look at the many different ways Hageman has wasted her time in just the last year alone: her asinine claim in support of Utah in this case; preparing to help prosecute Mayorkas, appealing to pull us out of the UN, appealing to censure Biden for election interference because he dropped out of the race, trying (along with Barrasso) to give land stolen from the tribes to the Midvale Irrigation Company. The list goes on and on. She is terrible! But she is “Trump-Endorsed Harriet Hageman”, so she gets elected.
While this is good news, don’t forget that in a week Donald Trump will be president and Congress will be controlled by right wing Trumpists, what I call the Freedom Carcass (not a mispelling). Although the current SCOTUS has been busy over the last few years ignoring and overturning precedents such as Roe v Wade, there is one precedent I have no doubt that the majority of the Court will adhere to: that Congress has full control over federal public lands and can do with those lands what it wills. That means Congress can dispose of federal public lands to the states or private entities and the public has no legal recourse to prevent it.
The Sagebrush Rebellion is back in full force, folks. Time to start thinking about what to do about it.
This is so sad to watch these lands become private this is how millionaires become billionaires buy the support of the uninformed and misled .