THOUSAND PALMS, Calif. (KESQ) – The Texas Public Policy Foundation filed a lawsuit questioning the constitutionality of the Biden Administration of the 624,000-acre Chuckwalla National Monument.
The monument was declared in January, and plaintiffs claim the declaration was in violation of the Antiquities Act of 1906 allowing presidents to designated national monuments.
They argue "it was clear at the time that the bill was intended for much smaller areas of land," according to the press release.
In a press release statement, the Texas Public Policy Foundation Attorney Anelise Powers said, “The earliest national monuments were between 160-1,000 acres, but now presidents are designating millions of acres at a time. It is abundantly clear that Congress never intended for the Antiquities Act to be used in this way, but that has not prevented the Executive branch from using the Act as a vehicle to acquire extensive control over essentially all public lands. For this reason, sitting members of the U.S. Supreme Court have indicated an interest in reviewing the Antiquities Act.”
The lawsuit includes two plaintiffs in Daniel Torongo and the BlueRibbon Coalition. Torongo's family has been mining in the Chuckwalla territory since 1978, and plans to continue mining in the territory into his retirement. Torongo is a full-time Michigan resident.
However, the lawsuit says the monument proclamation "burdens" Torongo's mining in the territory by increasing restrictions and regulations to maintain his claim, and will keep him from expanding to nearby areas.
The BlueRibbon Coalition joined Torongo's lawsuit claiming its members are prevented from enjoying the same trails prior to the monument declaration. Uncharted trails along with other temporary closures halted BRC member activity.
The monument designation interferes with "the ability of members of BRC to drive, hike, and otherwise explore trails within the national monument."
The case defendants include Douglas Burgum, the Secretary of the Interior and overseer of management of the Chuckwalla National Monument through the Bureau of Land Management, the BLM and the United States Department of the Interior.
For the full lawsuit go to texaspolicy.com
News Channel 3 is working to speak with the BlueRibbon Coalition and members of the Protect Chuckwalla National Monument.
Stay with us for the latest update on the lawsuit tonight at 5 p.m.
Biden’s Chuckwalla National Monument Status Threatened by Lawsuit News Channel 3-12.
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