Utah Association of Counties v. Bush

In 1996, under authority of the Antiquities Act (act), President William Clinton designated 1.7 million acres of federal land in Utah as the Grand Staircase-Escalante National Monument. In the written proclamation, Clinton noted that the monument contained geologic treasures such as rock layers that offered insight into the processes of the earth’s formation and diverse objects including arches, natural bridges, and exposed sandstone and shale deposits that were outstanding for purposes of geologic study. He additionally noted that there were (1) world-class paleontological sites including specimens of petrified wood and significant fossils, (2) archeological interests in Anasazi and Fremont cultures of significant scientific and historic value for future study, and (3) an impressive array of unusual and diverse soils that warranted protection. The proclamation also indicated that the designated area for the monument was the smallest area consistent with the protection of the monument’s resources. In 1997, the Utah Association of Counties (UAC) (plaintiff) filed a lawsuit against the United States and various officials of the federal government (collectively, the United States) (defendant), alleging that the United States violated the act. The United States filed a motion to dismiss or, in the alternative, for summary judgment, and UAC filed a motion for summary judgment.