Patagonia and allied groups asked a federal court to reactivate their Bears Ears case after President Donald Trump sharply reduced the Utah monument.
Key Facts
- The coalition said it filed motions on Sept. 2 seeking to reactivate litigation begun in 2017 and submit an updated complaint.
- Trump’s July 13 proclamation reduced Bears Ears to approximately 121,096 acres and excluded approximately 1,238,904 acres.
- The coalition says the Antiquities Act does not authorize a president to reduce a monument created by an earlier president.
- The administration says the law permits monument modifications and that the revised boundaries protect qualifying objects.
- The Sept. 2 court filing shows that other Bears Ears plaintiffs asked to reopen the litigation; it is a motion, not an order.
What the coalition asked the court to do
The coalition includes Patagonia Works, Utah Diné Bikéyah, A’Nuche, Conservation Lands Foundation and several other organizations.
The groups said they filed motions on Sept. 2 to return their 2017 case to the active docket. They also seek permission to file a supplemental complaint addressing Trump’s 2026 proclamation.
Patagonia’s confirmed participation concerns Bears Ears. The court-stamped filing was submitted by other Bears Ears plaintiffs, not Patagonia’s coalition.
What the dispute is about
Trump signed Proclamation 11043 on July 13, and it was published in the Federal Register on July 17. The proclamation reduced Bears Ears from about 1.36 million acres to approximately 121,096 acres.
It excluded approximately 1,238,904 acres from the monument. The proclamation scheduled those lands to open under specified public-land and mineral laws, subject to existing rights and applicable law.
The coalition alleges that the president exceeded his authority under the Antiquities Act. Patagonia says the law permits presidents to establish monuments but not to reduce or revoke earlier designations.
The company identifies tribal stewardship, cultural resources, public lands and the outdoor economy among its interests in the case. Those statements are the plaintiffs’ allegations and positions.
The administration’s position
The administration says the Antiquities Act allows a president to modify an earlier monument declaration. Trump’s proclamation says the prior boundaries covered more land than needed to protect the identified historic and scientific objects.
The White House says qualifying objects remain protected within the smaller monument. It says excluded lands should return to broader multiple-use management.
The proclamation cites public access, mineral development, resource independence and national security among the government’s considerations. It also says other federal laws protect some resources outside the revised boundaries.
What the filing does and does not decide
The Sept. 2 court filing shows that other Bears Ears plaintiffs asked to reopen the litigation; it is a motion, not an order. The filing does not grant procedural relief or decide the dispute over presidential authority.
What happens next
If the court reopens the cases, further briefing and pleading proceedings may follow.
The central dispute is whether presidential authority to create a monument includes the power to reduce one.
