The Trump administration’s Department of Justice released an opinion the morning of June 10 arguing that presidents have the power to both create and undo national monuments under the 1906 Antiquities Act.
This position is a departure from a 1938 Justice Department opinion, which found that presidential monument designations are irrevocable and unchangeable.
The new opinion specifically cites President Joe Biden’s 2025 designations of Chuckwalla and Sáttítla Highlands national monuments as the impetus for the review.
The Center for Western Priorities released the following statement from Executive Director Jennifer Rokala:
“The Trump administration can come to whatever conclusion it likes, but the courts have upheld monuments established under the Antiquities Act for over a century. This opinion is just that, an opinion. It does not mean presidents can legally shrink or eliminate monuments at will.
“This opinion goes so far as to claim the public doesn’t support the preservation of public lands as national monuments, which we know from over a decade of polling is not true. In fact, public support for national monument designations has grown over the past ten years.
“Once again the Trump administration finds itself on the wrong side of history and at odds with Western voters.”
Kate Groetzinger is Communications Manager, Center for Western Priorities.