June 11, 2025 — Lawyers for President Donald Trump’s administration say he has the authority to abolish national monuments meant to protect historical and archaeological sites across broad landscapes, including two in California created by his predecessor at the request of Native American tribes.
A Justice Department legal opinion released Tuesday disavowed a 1938 determination that monuments created by previous presidents under the Antiquities Act can’t be revoked. The department said presidents can cancel monument designations if protections aren’t warranted.
The finding comes as the Interior Department under Trump weighs changes to monuments across the nation as part of the administration’s push to expand U.S. energy production.
Sen. Martin Heinrich of New Mexico, the ranking Democrat on the Senate Natural Resources Committee, said that at Trump’s order, “his Justice Department is attempting to clear a path to erase national monuments.”
Trump in his first term reduced the size of Bears Ears and Grand Staircase Escalante National Monuments in Utah, calling them a “massive land grab.” He also lifted fishing restrictions within a sprawling marine monument off the New England Coast.
Former President Joe Biden reversed the moves and restored the monuments.
The two monuments singled out in the newly released Justice Department opinion were designated by Biden in his final days in office: Chuckwalla National Monument, in Southern California near Joshua Tree National Park, and Sáttítla Highlands National Monument, in Northern California.
The Democrat’s declarations for the monuments barred oil and natural gas drilling and mining on the 624,000-acre Chuckwalla site, and the roughly 225,000 acres Sáttítla Highlands site near the California-Oregon border.
Chuckwalla has natural wonders including the Painted Canyon of Mecca Hills and Alligator Rock, and is home to rare species of plants and animals like the desert bighorn sheep and the Chuckwalla lizard. The Sáttítla Highlands include the ancestral homelands of the Pit River Tribe and Modoc Peoples.