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How the Sage Brush Rebellion could get its day in the U.S. Supreme Court With the new Supreme Court term set to begin, Utah is hoping the conservative justices will continue to overturn long-established legal precedents, including the federal government's control of U.S. public land.


 

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Utah hoping Supreme Court will break precedent and transfer vast tracts of federal land to states










October 3, 20245:00 AM ET


















      Kirk Siegler
    























                Moab, Utah, is surrounded by federal public lands. 71% of the state of Utah is federally owned and controlled.
                
                    
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MOAB, Utah — Who gets to do what on federal land is an ages-old battle in the West, especially Utah, where roughly 70% of the state is owned by Uncle Sam. People from the world over flock to public land here, with its jaw dropping red rock canyons, arches and ancient petroglyphs. Its petrified sand dunes are a beacon for thrill seeking off-roaders and mountain bikers.  "It’s amazing, it’s really cool," says Isaac Hamlen, after a ride on the famous Slickrock trail outside Moab, the West's self-described outdoor adventure capitol.  Hamlen and Will Burger are on a road trip camping on federal public land and visiting Utah's famous national parks and monuments. The state has five national parks, including nearby Arches and Canyonlands as well as nine national monuments, including those controversially established by presidents Clinton and Obama, Grand Staircase-Escalante and Bear's Ears. 
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"We learned about all that stuff our first semester of college. And it really drove home the importance of public land," Burger says.  











                Will Burger (left) and Isaac Hamlen (right) after finishing a mountain bike ride on Moab's famous Slick Rock Trail.
                
                    
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But the recent monument designations and road closures with an eye toward protecting the environment in increasingly busy areas have fueled resentment that’s been smoldering in Utah since the Mormon Pioneers arrived. Now in its latest legal salvo with the federal government, the state's Republican leaders are hoping the high court's conservative justices will continue to overturn long-established legal precedents. A landmark lawsuit filed directly before the court in August is seen as a test of what's long been called a fringe theory. For decades "sage brush rebels" in states like Utah have challenged the federal government's legal authority to own land within state borders. A litany of prior court rulings conclude federal land managers do. But state leaders see a possible opportunity now with the high court's demonstrated deference to state's rights. "I am someone who loves public lands," says Casey Snider, a state representative and avid hunter. In his office, taxidermy adorns the walls and he proudly displays a bronze of Teddy Roosevelt on his desk. But Snider says today's federal land managers are locking up all the land, limiting drilling and any kind of development. 
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"When you push the decision all the way from D.C., you tie our hands. You tie your own people’s hands if you’re a federal manager, to the detriment of all parties involved," he says. "That is my number one concern." Snider says local people living and working here should have the most say on what land to preserve or develop.  











                The San Rafael Swell is one of scores of prized pieces of Bureau of Land Management land that could be turned over to Utah if the state's lawsuit prevails.
                
                    
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Utah's latest legal attempt to wrest control of federal land is paired down from previous efforts in the courts and state law. It seeks to transfer a limited amount - about 18 million acres of Bureau of Land Management land, so called "unappropriated lands." The national parks, existing national monuments or U.S. Forest Service land where ski resorts are located are not at issue in this lawsuit. Still, conservationists worry the effort could result in weaker environmental protections and more private development.  Near a new luxury development on state land tucked into a rocky hillside in Moab isWestern Spirit Cycling. Owner Ashley Korenblat makes her living guiding adventure bike tours on federal land around the country. "We can see just over that ridge is the Slickrock Trail and that's all on Bureau of Land Management land," she says, pointing to the north.  Slickrock is just one of scores of pieces of public land that could get transferred over to Utah to manage if the Supreme Court takes this case and Utah wins. Korenblat worries the state can’t afford to protect these prized places. So the land will be sold for private development.  "The state can’t run a deficit, so times get tough and they’re going to sell off these lands," she says.  Korenblat, who’s running for county commission here, sees this lawsuit as election year red meat for the Republican base. She says even moderate Utah Republicans such as the state's Governor haven't thought through what they're asking for. Outdoor recreation industries now pump billions of dollars into western economies. 
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"I understand you want to honor your ancestors and your grandfather told you that you should hate the federal land," Korenblat says. "But it’s time to think about your children, not your grandfather." 











                Public land visitation along the Colorado River corridor in Utah has exploded in recent years.
                
                    
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Critics of the lawsuit say it's not something they would worry about, were it not for the Supreme Court's recent overturning of Roe v Wade. In the rural West anyway, it's widely predicted that the high court might take the case.  On Main Street in Moab, Nick Oldham, general manager of High Point Hummer and ATVs, thinks that might start a good conversation.  "You know access has been eroded at," he says, watching tourists pile into a vintage military Humvee for a scenic ride along the cliffs above the Colorado River.  Oldham says he’d be open to giving Utah a try at managing some of the public land that surrounds the town. In recent years, some of the most popular trails first cut by the area's uranium mining explorers have been closed down to off-roaders. "There’s definitely a feeling of, you know, our backyard is controlled by somebody in Washington, D.C., as opposed to somebody more local," Oldham says.  But right now Oldham is mostly worried about all the highly publicized fights over federal public land around here. The rhetoric on both sides, he says, is starting to drive tourists away. 



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This is about selling land to developers.  Utah Republicans want to get the land just to turn around and make money with it.  

If SCOTUS did this, it wouldn't just effect Utah, it would effect all the federal lands in the West.