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Vanderbilt Law Review En Banc

Chick Hallinan

Abstract

The Antiquities Act of 1906 empowers the president to declare a national monument on federally owned land, subject to constraints. As physical hazards enhanced by climate change endanger historically or biologically valuable objects and places, the Act can shape climate policy on federal land—extending the designation to new tracts and enhancing protections on existing monuments. This Note contends that climate change qualifies as a threat to federal public lands sufficient to trigger presidential authority to proclaim a national monument. Still, any such proclamation must account for the constitutional and statutory restraints that have some gravity on the president’s power to declare a monument and set the terms of its management, including federalism, nondelegation, and the major questions doctrine. The U.S. Supreme Court’s expansive reading of “objects” within the Act and the president’s power to identify threats to those objects suggest that the executive can effectively employ the Antiquities Act to mitigate climate impacts while adhering to the Act’s original purpose of protecting valuable places and objects.

This Note analyzes the legal utility and vulnerability of the Antiquities Act in addressing climate change on federal public lands. After exploring the historical context, legislative intent, and use by various presidents, the Note delves into the legal challenges and judicial trends surrounding the Act. The Note concludes by proposing litigation strategies and limiting principles, balancing environmental preservation with legal constraints—such as the Act’s “smallest area compatible” requirement—to safeguard the Act’s continued viability in addressing contemporary environmental challenges.

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