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The State of Utah filed a public lands lawsuit seeking the U.S. Supreme Court’s input on whether the federal government can indefinitely hold unappropriated lands within the state.

The federal government currently controls nearly 70% of the land in Utah. According to a press statement issued by the state government, the “unappropriated” land in question is approximately 18.5 million acres – about 34% of Utah – which is controlled by the Bureau of Land Management (BLM) under the Federal Land Policy and Management Act (FLPMA). The state’s lawsuit noted the federal government is holding the unappropriated land without formally reserving it for any designated purpose.

“It is not a secret that we live in the most beautiful state in the nation,” said Gov. Spencer Cox. “But, when the federal government controls two-thirds of Utah, we are extremely limited in what we can do to actively manage and protect our natural resources. We are committed to ensuring that Utahns of all ages and abilities have access to public lands. The BLM has increasingly failed to keep these lands accessible and appears to be pursuing a course of active closure and restriction. It is time for all Utahns to stand for our land.”

“Today, we filed a historic lawsuit asking the U.S. Supreme Court to address whether the federal government can simply hold unappropriated lands within a state indefinitely,” added Attorney General Sean D. Reye. “Nothing in the text of the Constitution authorizes such an inequitable practice. In fact, the Framers of the Constitution carefully limited federal power to hold land within states. Current federal land policy violates state sovereignty and offends the original and most fundamental notions of federalism.”

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