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1909 Antiquities Act

Arizona Officials Ramp Up Legal Fight Over Biden Administration’s Land Seizure

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Arizona Leaders Continue Legal Battle Against Biden Administration’s Land Grab

By Matthew Holloway |

Arizona Senate President Warren Petersen, House Speaker Steve Montenegro, and State Treasurer Kimberly Yee are engaged in a legal battle against the Biden administration, contesting what they deem an “unlawful, dictator-style land grab” in northern Arizona.

The case, currently under review at the U.S. Court of Appeals for the Ninth Circuit, involves a significant land confiscation in Coconino and Mohave Counties. The action restricts the productive use of nearly 1 million acres and permanently encases one of the largest uranium deposits in the nation while prohibiting any infrastructure development in an area comparable to Rhode Island, as highlighted in a legal brief submitted this week.

The Biden administration initiated this land expropriation in August 2023 under the Antiquities Act, establishing the “Ancestral Footprints Monument.” Petersen filed the lawsuit in February 2024 in an effort to halt the decision.

“Former President Joe Biden and his team of bureaucrats have overstepped their constitutional authority during his administration. Their tendency to lock federal lands from productive uses harms states like Arizona,” said Petersen. “This maneuver was not about protecting artifacts; it was an attempt to stop mining, ranching, and other local uses that are crucial for our energy independence, food supply, and economic stability. Arizona Republicans will persist in combating these actions to reclaim our state from radical environmentalists.”

Petersen’s legal team contends that the Biden administration’s actions directly violate the 1909 Antiquities Act, which permits the president to designate only the smallest necessary area for protecting designated objects.

A Republican coalition opposing the Biden administration’s actions claims they occurred without adherence to the legal framework established by Congress, thereby overstepping presidential powers.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for the latest updates or email tips to Matthew@azfreenews.com.