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North Dakota Joins Lawsuit Seeking Control of Millions of Acres of Federally Managed Land


Several states, including North Dakota, are backing Utah’s lawsuit challenging the Bureau of Land Management’s possession of 18.5 million acres of public land within Utah’s borders. Utah argues that the BLM cannot indefinitely hold onto land without a specific designation, such as a national monument or wilderness area. In support of Utah, 12 states and state legislatures have filed amicus briefs with the U.S. Supreme Court. These briefs argue that federal control of unappropriated land limits state sovereignty and creates various issues, such as different criminal codes, inability to tax the land, and lack of control over revenue from grazing fees and mineral extraction. The briefs urge the Supreme Court to consider Utah’s complaint and address the balance of federalism between western states and the federal government. The case is invoking original jurisdiction, which allows states to petition directly to the Supreme Court without going through lower courts. Overall, the states supporting Utah’s lawsuit believe it is crucial for the Supreme Court to address this issue to uphold state sovereignty. This case has significant implications for land management and states’ rights in the western United States.

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