Scholars examine the legal limits on presidential power to reduce protections for federal lands and waters.
The post The Limits of Presidential Power Over Public Lands first appeared on The Regulatory Review.

Scholars examine the legal limits on presidential power to reduce protections for federal lands and waters.
This past summer, President Donald Trump exercised the Antiquities Act of 1906 to reduce protections across millions of acres of federal lands and waters, reviving a longstanding debate over the President’s authority under the statute.
In June, President Trump modified the proclamations establishing and expanding the Papahānaumokuākea, Mariana Trench, and Rose Atoll Marine National Monuments to allow commercial fishing in portions of each monument. The proclamation opened hundreds of thousands of square miles to fishing but left some existing restrictions intact. The following month, President Trump reduced Bears Ears and Grand Staircase-Escalante National Monuments in Utah by more than 90 percent, sparking federal lawsuits led by environmental conservation groups and tribal nations alike.
These actions build on President Trump’s first-term reductions of the same Utah monuments, which President Biden had restored in 2021—a cycle of reversals that leaves unresolved a central question about the scope of the Antiquities Act. The Act authorizes Presidents to designate federal lands containing “objects of historic or scientific interest” as national monuments and requires reservations to remain within the “smallest area compatible” with protecting those objects.
The statute does not, however, expressly authorize presidents to revoke or reduce monuments established by their predecessors. Interpretations differ. In a May 2025 opinion, the Office of Legal Counsel concluded that the Antiquities Act permits a President to alter prior monument designations, including eliminating land associated with a monument. The Attorney General reached the opposite conclusion in a 1938 opinion. Legal scholars have largely supported the latter view because the 1938 opinion was issued closer to the Act’s enactment.
The Trump Administration argues that presidents can determine whether land protected under the Antiquities Act no longer qualifies for monument status. Critics argue that the statute grants authority only to protect federal lands, not to dismantle those protections.
The 2026 national monument reductions have raised additional disputes. Bears Ears, for example, emerged from a proposal by five Tribal Nations seeking federal protection and a role in managing their ancestral lands, making President Trump’s July 2026 proclamation a challenge not only to the scope of presidential authority under the Antiquities Act, but also to a public-land management arrangement built through years of tribal advocacy and federal-tribal cooperation. President Trump’s June modification of the proclamations governing Papahānaumokuākea, Mariana Trench, and Rose Atoll Marine National Monuments reignites controversy over whether the Antiquities Act applies to ocean waters. Fishers argue for a stricter interpretation of the term “land [owned or controlled by the Federal Government]” that would preclude presidential authority to establish marine national monuments. Federal courts, however, have repeatedly concluded that marine national monuments fall within the Act.
In this week’s Saturday Seminar, scholars explore the Trump Administration’s rollback of U.S. public land and water protections through presidential proclamations.
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