The U.S. Supreme Court will not hear a case brought by the state of Utah, seeking to force the federal government to dispose of 18.5 million acres of public land in the state. Utah refers to these as “unappropriated lands” in their lawsuit, meaning they don’t belong to the national parks or forest system, or the U.S. military or postal service. They’re largely overseen by the Bureau of Land Management.
The Court issued its one-sentence decision in the January 13 Order List.
In response to the state’s case, the Southern Utah Wilderness Alliance (SUWA) sued Utah in December, alleging that the lawsuit violated Utah’s constitution and the conditions of its statehood.
“The state knew that what it was doing was kind of a Hail Mary and a long shot,” said Steve Bloch, SUWA’s legal director.
“We’ll hang tight for a bit and wait and see what Utah decides to do,” Bloch said. “If the governor refiles in federal district court in Salt Lake City, then we will continue to vigorously pursue our state case, which says that it's unlawful for Utah to be trying to seize or see the sale of federal public lands.”
Utah’s lawsuit asked the federal government to “dispose” of these lands from federal possession. It notes that maybe the court will decide to give the lands in Utah to the state, but it’s not a guarantee that that would happen.
In a statement, Utah officials including Governor Spencer Cox and Attorney General Derek Brown, both Republicans, wrote that they were “disappointed” in the Court’s decision not to take up the case.
“The Court’s order does not say anything about the merits of Utah’s important constitutional arguments or prevent Utah from filing its suit in federal district court,” the statement notes.
The statement goes on to say that Utah is still able to challenge “any BLM land decisions that harm Utah.”
“We are also heartened to know the incoming Administration shares our commitments to the principle of “multiple use” for these federal lands and is committed to working with us to improve land management,” it says. “We will continue to fight to keep public lands in public hands because it is our stewardship, heritage and home.”
SUWA and other public lands advocates are celebrating the Court’s decision for now, but worry about what they see as other threats to Utah’s public lands.
Utah has also sued the federal government to shrink the size of Bears Ears and Grand Staircase Escalante national monuments, and it joined Wyoming in suing the BLM for its rules around multiple use of public lands and conservation.
Rallying for public lands
The Court’s decision comes right after a rally hosted by SUWA in Salt Lake City on January 11. Hundreds of attendees gathered on the steps of the state capitol building, carrying signs with phrases like “keep public lands in public hands” and “Defend Bears Ears.”
Several speakers addressed the crowd, including Salt Lake Community College student and youth activist Louise Fernandez.
“The land is not a commodity, but a sacred trust,” she said. “We are here today to stand in defiance, to say ‘no’ to the destruction of our home. ‘No’ to the loss of biodiversity. ‘No’ to the erasure of cultures. And ‘no’ to the poisoning of our waters.”
Democratic state senator and Senate Minority Leader Luz Escamilla opened her remarks by welcoming the crowd to the people’s house.
“This is our house,” she said. “Public lands in the state of Utah are not for sale.”
She asked attendees to educate their communities about what Utah’s lawsuit actually means — and the cost to taxpayers.
“We are actually fighting against those lawsuits that are spending hundreds and millions of dollars of our state budget that could go to education, food security, healthcare,” she said.
The Salt Lake Tribune reported in November that the Utah government had spent several million dollars on both legal representation and a media campaign surrounding the lawsuit.
Regina Lopez-Whiteskunk, a member of the Ute Mountain Ute Tribe in Colorado, opened her remarks with a song. She noted that landscapes and lands sacred to indigenous tribes and nations in the west don’t recognize state lines and boundaries.
“Many times, they said, ‘You belong in Colorado,’” she said. “And every time I said, ‘I did not draw those lines, you all did.’ Those lines crossed my people and many generations.”
“Gratitude means taking the time every day to say thank you for allowing me to walk on this beautiful earth, to take a clean drink of water and breathe in clean air—all of which seems to be for sale. And it needs each of us to stand in unity, to let our elected leaders and officials know: that this place means something to us.”
Writer Terry Tempest Williams closed out the afternoon. She discussed the ramifications of what would happen if the courts granted Utah’s request.
“This Utah land grab lawsuit has no legal standing,” she said. “This is the first time a state has called for ownership of the nation's land trust. It sets a dangerous precedent for other western states and America’s public lands, sacred lands, indigenous lands in general.”
“These open lands do not belong to a single state, but to a state of mind, a state of being open to all species, not just our own,” she said. “The public lands, Governor Cox, that you desire to put in the hands of the state, 18.5 million acres of them, are not commodities, but communities of which we are one member among many, both human and wild.”
She talked about the importance of public lands as “breathing spaces for a nation holding its breath.”
“Are the horrors and heartbreaks we are witnessing in a burning Los Angeles teaching us nothing?” she asked. “Yes, fires are natural, but no rain since April is not. Yes, the Santa Ana winds come each winter, but not with the strength of hurricane winds at 100 miles per hour. Climate change is the accelerator.”
Utah’s legislative session begins on January 21 — and public lands will be on lawmakers’ agendas.
Copyright 2025 Rocky Mountain Community Radio. This story was shared via Rocky Mountain Community Radio, a network of public media stations in Colorado, Wyoming, Utah, and New Mexico, including Aspen Public Radio.