Last Friday WWP won a reversal of a previous court decision that would have held that Presidents have the authority to designate – but not direct management of – national monuments.
Preservation and the President: A Positive Development in the Sonoran Desert – Ti Hays, PreservationNation
Last Friday, in a positive development, a federal district court in Arizona reversed a previous decision that held that President Clinton had exceeded his authority by including management directives in the proclamation for the Sonoran Desert National Monument.
The case began when an environmental group — the Western Watersheds Project — filed a lawsuit claiming that the Bureau of Land Management (BLM) had taken too long to prepare a resource management plan and grazing suitability analysis for the Sonoran Desert. President Clinton created the 486,149-acre monument in 2001 through a proclamation authorized by the Antiquities Act of 1906.
WWP sought to enforce very explicit conservation directives that then President Clinton had included in designating the Sonoran Desert National Monument. The judge’s previous interpretation of law could have rendered many national monument designations largely impotent from a conservation perspective. Fortunately, the judge thought twice and reversed that decision.