(Reuters) – The state of Utah filed a lawsuit on Tuesday in the U.S. Supreme Court challenging federal control over more than a third of the land within its borders, saying U.S. government policies are restricting access to those lands for recreation and energy and infrastructure development.
The move is the latest by a Republican-led state to push back against federal land management policies put in place by the administration of Democratic President Joe Biden.
Utah Attorney General Sean Reyes asked the Supreme Court to address whether the federal government can hold lands within a state indefinitely if they are not designated as national parks, monuments, wilderness areas, tribal lands or for military use. About 70% of the land in Utah is owned by the federal government.
The unappropriated lands the state is seeking to manage are 18.5 million acres (7.5 million hectares) controlled by the U.S. Bureau of Land Management, or 34% of the land in Utah, the state said in a statement.
“When the federal government controls two-thirds of Utah, we are extremely limited in what we can do to actively manage and protect our natural resources,” Utah Governor Spencer Cox said in a statement.
A BLM spokesperson said the agency would not comment on pending litigation.
Utah’s case relied on language in the U.S. Constitution giving the Supreme Court “original jurisdiction” over disputes in which a state is a party, meaning states can file a lawsuit at the high court instead of litigating first in lower courts.
The legal challenge comes two months after Utah joined Wyoming in suing the Biden administration over a new policy that allows BLM to lease acreage for conservation in much the same way it offers land for drilling and mining.
The policy is consistent with Biden’s pledge to conserve 30% of America’s land and water.
A conservation group said that under federal law, only Congress can transfer or dispose of federal lands.
“Governor Cox and the state legislature need to make a U-turn before they waste millions of taxpayer dollars enriching out-of-state lawyers on this pointless lawsuit,” Center for Western Priorities deputy director Aaron Weiss said in a statement.
