Biden Monument Dispute in Utah to Center on Judicial Review

As the Tenth Circuit considers Utah’s challenge to President Joe Biden’s re-establishment of Bears Ears and Grand Staircase-Escalante national monuments, judicial review is likely to be the biggest question before the appeals court, attorneys say.

The state and two Utah counties want the US Court of Appeals for the Tenth Circuit to halt presidential use of the Antiquities Act to create vast national monuments—a legal question aimed at the US Supreme Court. But the appeals court in Garfield County v. Biden is expected to sidestep that question.

The state and counties appealed last year after Judge David ...