Project 2025 Envisions Reducing the Size of National Monuments
Does the President Have Authority to Shrink an Existing National Monument?
UC Berkeley’s Center for Law, Energy, & Environment (CLEE) is sponsoring a series of papers evaluating aspects of Project 2025, The Heritage Foundation publication, entitled “Mandate for Leadership: The Conservative Promise,” which is being followed to a significant degree as a blueprint for the Trump Administration. The third paper in our Monograph series focuses on Project 2025’s call to reduce the size of national monuments and repeal the Antiquities Act of 1906, available here.
CLEE published excerpts from the 922 page Project 2025 document related to climate change and environment, here. Monograph Paper #1 on Overriding Civil Service is here. Monograph Paper #2 on the Congressional Review Act is here.
James G. Moose and Hannah Rider authored the piece. James Moose is of counsel to Remy Moose Manley LLP in Sacramento, California, where he has practiced since 1986. He represents both public and private clients in local, regional, and state administrative proceedings and in court. Between 1987 and 2007, he was the co-author of Guide to the California Environmental Quality Act (Solano Press). Hannah Rider is an associate attorney Remy Moose Manley, LLP, where her work focuses on environmental, land use, and administrative law.
As the Paper states:
The Antiquities Act has been a strong and efficient conservation tool for more than a century, as numerous Presidents have used it to provide protection to federal lands considered worthy of permanent preservation and management for the benefit of future generations. To the extent that the second Trump Administration may seek to cut back on the lands currently subject to such protection, the United States Supreme Court or whatever lower court is the last word on the subject should hold that only Congress can modify existing national monuments. On its face, the Antiquities Act includes clear language delegating to Presidents only the authority to create national monuments. No language authorizes a later President to undo or modify the actions of an earlier President. This conclusion is the product of standard principles of statutory construction .
We encourage everyone to read the full Paper.