SALT LAKE CITY — The state of Utah has formally appealed a judge's decision to throw out its lawsuit challenging President Biden's decision to reinstate Bears Ears and Grand Staircase-Escalante national monument boundaries.
On Monday, the Utah Attorney General's Office appealed the judge's decision to the 10th U.S. Circuit Court of Appeals in Denver.
The state continues to challenge the president's powers under the Antiquities Act to designate national monuments. U.S. District Court Judge David Nuffer sided with the federal government and tribal groups who argued the president is well within his powers to designate monuments.
"All along, the State of Utah has sought appropriate protections for the precious, unique area in the heart of the Bears Ears and Grand Etaircase-Escalante regions," wrote Utah Attorney General Sean Reyes. "But, the current monument designations are excessive by millions of acres.
"President Biden's designations are far outside his authority. We eagerly anticipate explaining to the Tenth Circuit why the law and facts are on our side."
Both Reyes and Gov. Spencer Cox and Attorney General Sean Reyes signaled they would appeal last week, with Cox's office saying in a statement to FOX 13 News that the case is likely to go all the way to the U.S. Supreme Court.
Bears Ears was created in 2016 by President Obama; shrunk by President Trump in 2018; then reinstated by President Biden in 2021. Grand Staircase-Escalante National Monument was designated by President Clinton in 1996.
