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• The Justice Department has issued a legal opinion allowing President Trump to abolish national monuments created by previous presidents.
• This opinion reverses a nearly 90-year-old precedent set in 1938.
• The decision could impact over 100 national monuments across the U.S.

Quick Brief

2-Minute Digest

Essential Context

A recent legal opinion from the Justice Department’s Office of Legal Counsel, authored by Lanora Pettit, asserts that the Antiquities Act of 1906 grants the president the authority not only to create national monuments but also to abolish them. This opinion overturns a long-standing 1938 legal interpretation that had been used to guide the Antiquities Act.

Core Players

• Donald Trump – President Trump and potential future president
• Lanora Pettit – Head of the Justice Department’s Office of Legal Counsel
• Joe Biden – Current president who designated the Chuckwalla and Sáttítla Highlands national monuments
• Native American tribes – Affected by the monuments in question

Key Numbers

• 100+ – Number of national monuments that could be impacted
• 624,000 acres – Size of the Chuckwalla National Monument
• 224,000 acres – Size of the Sáttítla Highlands National Monument
• 1906 – Year the Antiquities Act was passed
• 1938 – Year of the previous legal opinion that was overturned

Full Depth

Complete Coverage

The Catalyst

The White House requested the Justice Department’s Office of Legal Counsel to review whether President Trump had the authority to revoke the national monument designations made President Joe Biden. Specifically, this involved the Chuckwalla and Sáttítla Highlands national monuments in California.

Lanora Pettit’s opinion, dated May 27 but released on June 10, concluded that the president has the power to declare that existing monuments “either never were or no longer are deserving of the Act’s protections.”[1][2][4]

Inside Forces

The Trump administration has been keen on expanding energy development and resource extraction on federal lands. This legal opinion aligns with their broader policy goals, such as opening up public lands for oil, gas, coal, geothermal, and mineral leasing.[2][4]

The opinion also reflects a shift in the interpretation of the Antiquities Act, which has historically been used to protect cultural, historical, and scientific sites.

Power Dynamics

The decision gives significant power to the executive branch, allowing the president to unilaterally abolish national monuments without congressional approval. This move could be seen as an expansion of presidential authority over public lands.

It also sets up a potential conflict with environmental groups, Native American tribes, and other stakeholders who have advocated for the protection of these monuments.[3]

Outside Impact

The broader implications include the potential loss of federal protections for millions of acres of land. This could lead to increased development and resource extraction, which may harm the environmental and cultural integrity of these areas.

Environmental and conservation groups have already expressed strong opposition, arguing that such actions would be illegal and would likely trigger litigation.[3]

Future Forces

The immediate future may see President Trump acting on this legal opinion, potentially abolishing the Chuckwalla and Sáttítla Highlands national monuments or other monuments across the country.

There is also the possibility of legal challenges from various groups, including environmental organizations and Native American tribes, who may argue that the president does not have the authority to revoke these designations.[3]

Data Points

• May 27, 2025 – Date of the Justice Department’s legal opinion
• June 10, 2025 – Date the opinion was released
• 1906 – Year the Antiquities Act was enacted
• 1938 – Year of the previous legal opinion overturned by Pettit’s opinion
• 5 million acres – Total land area of the six national monuments considered for reduced protections[3]