White House Legal Advisor Says Presidents Can Shrink or Eliminate National Monuments

A legal opinion from the Office of Legal Counsel (OLC) has declared that presidents have the authority under the Antiquities Act of 1906 to shrink or eliminate national monuments established by previous presidents. This decision overturns a nearly 90-year-old precedent that had previously limited such actions to Congress alone.
The opinion, authored by OLC head Lanora Pettit, asserts that presidents can revoke or modify monuments, declaring they “either never were or no longer are deserving of the Act’s protections.” The Trump administration is considering this authority to reduce or eliminate several monuments, including the Chuckwalla and Sáttítla Highlands national monuments in California, as well as others in Utah, Arizona, and New Mexico.
Critics, such as University of Arizona law professor Justin Pidot, warn this interpretation represents a “radical shift” that undermines the permanence of national monument designations. “It means that national monuments exist only at the pleasure of the current president,” Pidot said, adding that this could lead to significant rollbacks in conservation efforts.
However, supporters, including Margaret Byfield of American Stewards of Liberty, view the change as an opportunity to address what they see as excessive federal land control. Byfield called for immediate action to eliminate or drastically reduce monuments created by previous administrations.
This legal reinterpretation could have far-reaching implications for the future of national monuments and federal land management.

Published: 6/10/2025