Good news for all lovers of the outdoors. The Federal Judge made the right call in this case to keep it in D.C. due to its national significance. I’m attaching information I received in an email about this from SUWA (Southern Utah Wilderness Alliance), so there is no link to any article available, just to a SUWA donation page that was contained within this email. I am a member of SUWA, but not otherwise affiliated with them. Here’s the primary content of the email I received:
Earlier this year, the Department of Justice (DOJ) filed a motion to transfer the cases from federal district court in Washington, D.C. to the federal court in Utah. Trump's DOJ argued that these cases dealt largely with local issues whose impacts would principally be felt locally and thus should be heard and decided in Utah.
But Judge Tanya Chutkan rejected those arguments and decided that the cases address issues of national interest and importance, and thus should remain in D.C. We believe this is the correct decision, since the lands in question belong to all Americans, and the Tribes of the Bears Ears Inter-Tribal Coalition (who are also challenging Trump's actions) have a government-to-government relationship with the United States.
Judge Chutkan also ruled that the federal government must notify the plaintiffs before allowing any ground-disturbing activities (like mining or claimed road “improvements”) within the monuments’ original boundaries. This is an important decision which will allow SUWA and our partners to better protect Bears Ears and Grand Staircase-Escalante while the cases make their way through the courts.
Help us defend Bears Ears and Grand Staircase-Escalante national monuments by contributing to SUWA today.
What’s next? Trump’s DOJ has moved to dismiss the cases, which we will oppose. The state of Utah, several local counties, the Farm Bureau and others have also moved to intervene in the cases to defend President Trump’s unlawful acts. They will no doubt file briefs supporting DOJ’s arguments which we will also respond to and oppose. We anticipate Judge Chutkan will rule on that motion in 2019.
One other note. I’ve heard that Gorsuch in the past has favored Native Americans in some court issues before him, more than most other republicans would. I do not know the details of those, but it gives a ray of hope if any of these cases reach the Supreme Court, because Native American participation was critical in the Bear’s Ears case especially.