Law professors argue the President can’t revoke national monuments (and implicitly that Congress can’t either)

We’ve written a lot lately about past Presidents’ abuse of the Antiquities Act and President Trump’s opportunity to reconsider some of those abuses. A few weeks ago, the President issued an executive order calling for a review of 21 years … Continue reading

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have treated the Antiquities Act as a blank check to shut … Continue reading

Are all of Obama’s national monuments permanent? A new AEI paper says no

President Obama broke the record for the number of national monument proclamations he issued and the millions of acres of public lands he locked up for such monuments. A few weeks before he left office, President Obama abused the Antiquities … Continue reading

Weekly litigation report — March 11, 2017

Going to sea to challenge a National Monument We filed this complaint challenging President Obama’s lame-duck designation of 5,000 square miles of ocean off the Massachusetts coast to be a new national monument under the Antiquities Act. We simply don’t think that … Continue reading

Is the ocean “land owned or controlled by the Federal government”?

As President Obama’s final term came to a close, he engaged in what has unfortunately become a favorite pastime for lame duck Presidents: trying to build a legacy by abusing the Antiquities Act. President Obama was the Barry Bonds of … Continue reading

Obama cannot extend his rule indefinitely: how Trump can reverse Obama’s midnight land grabs

Last weekend, The Wall Street Journal ran an op-ed that Professor John Yoo and I wrote to answer the White House’s claim that Trump can’t reverse President Obama’s recent proclamations that lock up millions of acres of public land from … Continue reading