It took the U.S. Supreme Court 12 words and one period to dismiss more than 300 pages of legal arguments in which Utah, Wyoming and other Western states sought to establish control and ownership of millions of acres of federally managed public land.
Utah, Wyoming’s lone U.S. Rep. Harriet Hageman, state legislators, Gov. Mark Gordon and many others sought an emergency hearing to argue that the federal government illegally owns property that rightfully belongs to Western states. Wyoming and other parties filed briefs of their own supporting the Beehive State’s assertion that federal ownership was detrimental to those commonwealths.
The filings appear to be unappreciated by the justices.
“The motion for leave to file a bill of complaint is denied,” the court said in an order filed Monday.
Utah’s petition generated another 424 pages of legal entreaties by its supporters and critics, a count that includes rebuttals by the United States and the Ute Tribe.
Utah claimed the federal government could not own and control “unappropriated lands,” which are those not specifically designated for use by an enumerated federal power. Utah targeted 18.5 million acres of Bureau of Land Management property belonging to all Americans.
Beehivers first said they wanted the court to “dispose” of the BLM property, then clarified that the state just wanted the court to say it is unconstitutional for the government to hold “unappropriated” acreage.
Hageman claimed that federal ownership is an occupation equivalent to a casus belli, a situation that justifies war or conflict between nations. “[T]he standard is whether the federal government’s actions would amount to an invasion and conquest of that land if—assuming a counterfactual—Utah were a separate sovereign nation,” Hageman’s filing states.
Twenty-six Wyoming lawmakers also saddled up for Utah, urging the court to take up the case and saying their support does not mean they will not seek other federal property for the Equality State. The perturbed posse said its claims could extend to “all former federal territorial lands … now held by the United States … [including] parks, monuments, wilderness, etc.”
Six of the sympathetic signatories — Sens. Tim French (R-Powell), Larry Hicks (R-Baggs), Bob Ide (R-Casper), John Kolb (R-Rock Springs), Dan Laursen (R-Powell) and Cheri Steinmetz (R- Lingle) — voted for a draft bill that would allocate $75 million for the Legislature, independent of the executive branch or other state entities, to litigate against the federal government. Senate File 41 “Federal acts-legal actions authorized” will be considered when the Legislature convenes today.
Gordon was more reserved in Wyoming’s official state plea, alleging “harms that federal ownership … uniquely imposes on western States on a daily basis” as a reason for the Supreme Court to immediately take up the case.
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