(Reuters) – The state of Utah filed a lawsuit in the U.S. Supreme Court on Tuesday challenging federal control of more than a third of the land within its borders, saying U.S. government policy restricts access to those lands for recreation, energy and infrastructure development . .
It is the latest step by a Republican-led state to push back against federal land management policies implemented by Democratic President Joe Biden’s administration.
Utah Attorney General Sean Reyes has asked the Supreme Court to rule on whether the federal government can keep land in a state indefinitely if it is not designated as a national park, monument, wilderness area, tribal land or for military use. About 70% of Utah’s land is owned by the federal government.
The unappropriated lands the state plans to manage cover 18.5 million acres managed by the U.S. Bureau of Land Management, or 34% of Utah’s land, the state said in a statement.
“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,” Utah Gov. Spencer Cox said in a statement.
A BLM spokesperson said the agency would not comment on pending litigation.
Utah’s case was based on language in the U.S. Constitution that gave the Supreme Court “original jurisdiction” over disputes in which a state is a party, meaning states can sue in the Supreme Court rather than first litigating in lower courts .
The legal challenge comes two months after Utah joined Wyoming in suing the Biden administration over a new policy that allows BLM to lease acreage for conservation in much the same way it offers land for drilling and mining activities.
The policy is consistent with Biden’s pledge to conserve 30% of America’s land and water.
A conservation group said that under federal law, only Congress can transfer or dispose of federal lands.
“Governor Cox and the state Legislature must make an about-face before wasting millions of taxpayer dollars enriching out-of-state attorneys on this senseless lawsuit,” Aaron Weiss, deputy director of the Center for Western Priorities, said in a statement .
