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Utah files ambitious lawsuit to take control of 18.5 million acres of federal public land

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Utah files ambitious lawsuit to take control of 18.5 million acres of federal public land


Utah Gov. Spencer Cox speaks at a press conference announcing a lawsuit from the state seeking to take control of to 18.5 million acres of federally managed land in Utah. (Kyle Dunphey/Utah News Dispatch)

Utah is suing the federal government over how it manages public land in the state, again. 

But unlike past legal challenges, which target specific national monuments or policies, the scope of the lawsuit filed with the U.S. Supreme Court on Tuesday is massive, questioning whether the Bureau of Land Management’s claim to 18.5 million acres of land — about 34% of the entire state — is legitimate. 

State politicians call it “historic.” Environmental and public land advocacy groups say it’s a “land grab.” Regardless, the lawsuit has the potential to upend how the Bureau of Land Management operates in Utah and possibly the Western U.S. 

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The lawsuit targets “unappropriated” public land. That doesn’t include Utah’s five national parks, or any of the state’s national monuments, national forests, or recreation or wilderness areas, which represent about half of the federal public land in the state.

The other half, which is about 34% of the entire state, according to officials, is unappropriated land “that the U.S. government is simply holding on to, without properly reserving it for any designated purpose,” Attorney General Sean Reyes said on Tuesday. 

That deprives Utah of its sovereignty, Reyes said, by holding land regardless of how it impacts residents or state business. 

“Utah cannot manage, police or care for more than two thirds of its own territory because it’s controlled by people who don’t live in Utah, who aren’t elected by Utah citizens and not responsive to our local needs,” Reyes said. 

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That means the state can’t impose taxes on that land, or impose eminent domain to build “critical infrastructure” like public roads or communication systems, Reyes said. Nor can the state exercise legislative authority over how to use the land. 

The 90-plus page complaint asks the U.S. Supreme Court whether it’s constitutional for the federal government to hold unappropriated land in the state indefinitely. 

“This is a question we and many Western states have had for decades,” Utah Gov. Spencer Cox said on Tuesday, speaking to a room packed full of lawmakers, bureaucrats, county-level politicians and reporters. Reyes, as well as Senate President Stuart Adams, R-Layton, and House Speaker Mike Schultz, R-Hooper, also spoke. 

There are only a handful of entities allowed to petition directly to the U.S. Supreme Court, including states that have a dispute with the federal government. Even though it could be a more streamlined process than filing with a lower court, the process could still take years. And that’s assuming the high court agrees to hear the case. 

If the Supreme Court declines to take up the case, Cox said the state will go back and file a complaint with a federal district court.

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Whether it’s the Supreme Court or a lower district, the legal challenge will cost taxpayers money. The legislature appropriated about $20 million to fight the legal challenge, Reyes said, though he believes it won’t cost nearly that much. 

“What we’ve spent currently or plan to spend is, I don’t have an exact number, but it’s a fraction,” Reyes said, telling reporters the state will save money by filing the lawsuit with the Supreme Court because it won’t have to litigate in federal district courts. 

In an email Tuesday, University of Utah law professor John Ruple agreed with some of the governor’s sentiment, telling Utah News Dispatch there is room for improvement when it comes to how federal land is managed. 

“However, the U.S. Constitution is clear that Congress, not the individual states, makes decisions about our federal public lands,” said Ruple, a research professor of law at the university’s S.J. Quinney College of Law, and director of the Wallace Stegner Center for Land, Resources and the Environment’s Law and Policy Program.

To rule in Utah’s favor, Ruple said the Supreme Court would have to reinterpret longstanding constitutional provisions, upsetting “150 years of settled Supreme Court law and destabilizing land ownership throughout the West.”

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“That’s a big lift. I can’t help but wonder whether a less adversarial approach would have been more effective,” he said. 

What if Utah wins?

If Utah’s lawsuit is successful, setting forth a process where 18.5 million acres is placed under state control, it would unravel the current, decadesold structure of federal land management. 

But it’s something state officials have anticipated for years, passing a bill in 2017 that creates the prospective Utah Department of Land Management, which would essentially become Utah’s version of the BLM.  

Let us know what you think…

Much of that unappropriated land is offered up as parcels for grazing, oil and gas production, mining or recreation — those leases would instead be managed by the Department of Land Management. 

Redge Johnson, director of the state’s Public Lands Policy Coordinating Office, said Utah would honor all existing leases, but instead of the BLM, lease holders would meet with state employees. Johnson, acknowledging that it’s very much still a hypothetical scenario, said the state would likely hire many BLM employees. 

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“They’re great people, we have a lot of good people at the local level that we work with. It’s the decisions that come out of (Washington) D.C. that we find problematic,” he said. 

Other federal entities, like the U.S. Fish and Wildlife Service, which doesn’t necessarily own unappropriated land but does work on it, would likely be able to operate as it did previously. 

The state has long had grievances with the federal government’s hold on land. It has filed lawsuits looking to repeal the Biden administration’s re-designation of Bears Ears and Grand Staircase-Escalante national monuments, a travel plan in Grand County that closed a number of rugged dirt roads near wilderness areas, and a recent rule allowing parcels of Bureau of Land Management land to be leased for conservation. 

Those policies were all cited Tuesday as examples of federal overreach. 

“For the entire time that we’ve existed as a state, Utah’s public lands have been a treasured heritage for all of us. For many years, decades even, the question of how to best manage Utah’s lands has been at the forefront of our state’s critical issues,” Cox said. “The crazy thing is that all this time, we have not had control of nearly 70% of our land. I want you to think about that for just a second. Utah does not have the ability to manage over two thirds of our state.”

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‘This lawsuit isn’t worth the paper it’s printed on’: Environmental groups respond

A number of environmental groups responded to the announcement on Tuesday, calling Utah’s lawsuit an attempted land grab and accusing the state of wasting taxpayer money, while threatening some of the state’s most iconic landscapes. 

The Southern Utah Wilderness Alliance, a litigious nonprofit that has previously intervened in several lawsuits in opposition to Utah, called Tuesday’s announcement another example of Utah being “the most anti-public lands state in the country.” 

Utahns and visitors travel to our state to experience stunning redrock canyons, spires, and mesas; public lands that are owned by all Americans and managed on their behalf by the federal government and its expert agencies,” said the group’s legal director, Steve Bloch. “All of that is at risk with Utah’s saber rattling and insistence that many of these remarkable landscapes are instead ‘state lands’ that should be developed and ultimately destroyed by short-sighted state politicians.” 

The Center For Western Priorities, a public lands advocacy group, said Utah’s legal argument was likely to fail, telling Utah News Dispatch it “isn’t worth the paper it’s printed on.” 

“One hundred and thirty years ago, the people of Utah agreed to ‘forever disclaim all right and title’ to national public lands when Utah became a state. What part of ‘forever’ isn’t clear to you, governor? The property clause of the Constitution gives Congress, and only Congress, authority to transfer or dispose of federal lands. That’s the beginning, middle, and end of this lawsuit,” said the group’s deputy director, Aaron Weiss, who urged the governor and other state leaders to abandon the suit before they “waste millions of taxpayer dollars enriching out-of-state lawyers on this pointless lawsuit.” 

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And the Wilderness Society said the lawsuit was another example of Utah trying to undermine federal land management, pointing to the state’s other lawsuits. 

In a statement, the group’s senior legal director Alison Flint called the lawsuit “a brazen and undemocratic attempt to force the handover of millions of acres of American’s public lands to the state – and ultimately to private companies planning to develop them.” 

“The courts should reject these cynical, outrageous attempts to undermine and take control of America’s public lands,” Flint said. 

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Walker Kessler’s Desired Extension Price With Utah Jazz Surfaces

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Walker Kessler’s Desired Extension Price With Utah Jazz Surfaces


It looks like we might have a general ballpark of what type of contract extension numbers Walker Kessler was seeking from the Utah Jazz before the 2025-26 NBA season when negotiations were ongoing.

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According to a batch of NBA rumors from Grant Afseth of DallasHoopsJournal, Kessler was said to have desired upwards of $120 million in total value for his next contract, a price that Utah was seemingly unwilling to match.

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“In contract discussions with the Jazz, Kessler sought upwards of $120 million in total compensation for a long-term contract extension, sources told , but Utah was unwilling to commit to that price range,” Afseth wrote. “There was a clear gap in talks between Kessler and Utah,’ one source said.”

It’s an interesting nugget thrown into the situation is Kessler’s pending new contract, offering a bit of insight into what exactly was expected from Kessler’s camp in the negotiations for a second deal with the Jazz.

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Kessler Was Searching for $120M From Utah Jazz

Earlier this summer, it initially seemed as if the expected outcome would be for the Jazz and Kessler to hammer out a new rookie extension to ink him on for the next four-to-five years.

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But instead, Utah wanted to prioritize having that cap flexibility until next summer rolled around; ultimately leaving their fourth-year big man to play out the final year of his deal, then hit restricted free agency in 2026.

That’s exactly what would transpire, but it wouldn’t take long for Kessler’s fourth season in the mix to be quickly derailed, as he would go down with season-ending shoulder surgery just five games into the year, now leaving him to prepare for the 2026-27 campaign, and cutting a pivotal contract year short.

Before getting injured this season to be sidelined for the entire year, Kessler played five games where he averaged a career-best 14.4 points a game, along with 10.8 rebounds, 3.0 assists, and 1.8 block in just over 30 minutes a night.

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Oct 22, 2025; Salt Lake City, Utah, USA; Los Angeles Clippers guard Cam Christie (12) drives against Utah Jazz center Walker Kessler (24) during the second half at Delta Center. Mandatory Credit: Rob Gray-Imagn Images | Rob Gray-Imagn Images

It’s not exactly concrete of exactly what Kessler was searching on that new contract, but a $150 million value over the next five years would place him into the top-12 highest paid centers in the NBA per AAV.

That’s a hefty price to pay, no doubt. But for one of the more appealing young rim protectors around the league who’s gotten better every season, that might be a deal one team may be willing to pay him on the restricted free agency market, which would then force the Jazz to match that $30 million annually to keep him on their own roster.

Inevitably, the Jazz and Kessler will hit the negotiation table once again this summer as the two sides try to remain paired together for the long haul. Then, time will tell if they’ll be able to come to that long-awaited agreement to lock him into a fresh contract for what could be the next half-decade.

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Commentary: Recalling the Christmas of Catholic nuns and slave cabin singers

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Commentary: Recalling the Christmas of Catholic nuns and slave cabin singers


It’s not easy to pick the most memorable Christmas in Salt Lake City history.

There was, of course, that first Dec. 25 in Utah for the Mormon pioneers. They worked on Christmas Day 1847 but paused briefly for a simple feast.

The original Catholic church in Utah — the old St. Mary Magdalene on 200 East between South Temple and 100 South — hosted the city’s first Christmas midnight mass in December 1871.

The Salt Lake Tribune helped launch the tradition of downtown holiday decorating in 1945 and the old ZCMI store (where Macy’s now sits) on Main Street started decorating its windows with Christmas candy in the early 1970s. Temple Square’s Christmas light displays began in 1965.

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The Tabernacle Choir at Temple Square did not perform annual Christmas concerts until 2000. Willam Christensen choreographed “The Nutcracker” in California in 1944 but first brought it to Utah a decade later.

And memorable for all the wrong reasons, just after noon on Dec. 25, 1859, Salt Lakers had to dodge dozens of bullets from a Christmas Day gunfight that raged up and down Main Street.

Although all these holidays were unique, December 1875 stands out for me. It was the Christmas of Catholic nuns and slave cabin singers.

The Holy Cross sisters arrive

The Holy Cross Sisters had first arrived here from their convent in Notre Dame, Indiana, six months earlier. Sister Raymond (Mary) Sullivan and Sister Augusta (Amanda) Anderson traveled to Salt Lake City via train and stagecoach at the invitation of Father Lawrence Scanlan (soon to be Utah’s bishop), and more followed.

Scanlan hoped the nuns would help his fledgling Catholic community build schools and meet other human and spiritual needs. They did just that.

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A few years earlier, Sister Augusta had started her Holy Cross work as a Civil War nurse. She managed two Union army hospitals so well in the 1860s that Gen. Ulysses S. Grant exclaimed, “What a wonderful woman she is. She can control the men better than I can.”

Utah bard Gerald (Gary) McDonough’s aunt was a Holy Cross Sister, too, but a few years later. In his poem “Porch Nuns,” McDonough colorfully described the long black Holy Cross robes, also donned by pioneers like Sister Augusta.

Calling their veils “corrugated halos that circled their heads, Like broad white-walled tires,” he explained that whenever they visited his family, intrigued Latter-day Saint neighbors would emerge to watch “the giant emperor penguins, milling about the McDonoughs’ front porch.”

One can only imagine how unusual it was for the Salt Lake City Latter-day Saints to see those “giant emperor penguins” milling about downtown for the first time during the Christmas season of 1875.

That December, the women of St. Mary Magdalene church organized a fair to raise money for the new Holy Cross Hospital. A large crowd — including Catholics and Latter-day Saints — attended.

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The Tribune called it the “greatest attraction of the season,” one with music, plays, shooting galleries, “richly furnished refreshment tables,” and a “magnificent display of skillfully and delicately wrought fancy articles” for sale.

‘The Tennesseans’ perform

(Wikimedia Commons) Tennesseans concert poster shows Donavin’s original Tennessean slave cabin singers.

During the same week the grand fair was open, a popular singing group called “the Tennesseans” was in town as part of a national tour.

Contemporary newspaper articles and advertisements described the Tennesseans as “slave cabin singers” who performed “old plantation melodies and camp meeting hymns” from the South. These college students who once were slaves earned rave reviews wherever they sang.

After watching them perform, The Tribune said the widespread praise for the Tennesseans was well deserved. The Utah Evening Mail proclaimed them better than “any singers that have visited Salt Lake,” and the Deseret News called them the “most superb colored company in America.”

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(The Salt Lake Tribune) December 1875 Tribune ad for the Tennesseans’ December 1875 concerts in Salt Lake City.

One evening just before Christmas, right after the Tennesseans had finished a concert at the old Salt Lake Theatre, they stopped by the fair. To the crowd’s delight, they sang a couple of songs.

And then they did something that made the Christmas of 1875 one of the most memorable in Utah history. The former slaves serenaded the Holy Cross Sisters.

The Tribune reported that the Tennesseans sang some of “their finest melodies” to honor “Mother Augusta for her services in checking the Negro massacre at Fort Pillow during the war.” The Utah Evening Mail called the impromptu concert “an expression of gratitude” to the Holy Cross Sisters whose “humane services in aiding to suppress the Fort Pillow massacre” and whose “uniform devotion to the relief of the soldiers” would never be forgotten.

About the massacre

(Wikimedia Commons) A hand-colored 1892 print of the Battle of Fort Pillow by Kurz and Allison, a well-known Chicago firm specializing in colorful and dramatic chromolithograph prints of American historical events. The original is in the Library of Congress.

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In April 1864, Confederates massacred hundreds of Black Union soldiers stationed at a fortress the rebels had conquered in Tennessee. Sister Augusta cared for the surviving Fort Pillow victims at a nearby hospital she supervised.

It was difficult work.

Sister Augusta’s journal describes the appalling conditions of that hospital when she arrived: “Although we were tired and sick for want of sleep, there was no rest for us. We pinned up our habits, got brooms and buckets of water, and washed the bloodstained walls and scrubbed the floors. … The hospital was full of sick and wounded, but after some days, we succeeded in getting it comparatively clean.”

Notre Dame President Father William Corby — the chaplain of the Irish Brigade that famously fought at the Battle of Gettysburg — noted the full measure of Sister Augusta’s devotion: “The labors and self-sacrifices of the [Holy Cross] Sisters during the war need no praise here. Their praise is on the lips of every surviving soldier who experienced their kind and careful administrations.”

The grateful Tennesseans also remembered and thanked the Holy Cross Sisters with the gift of music. I cannot say for certain just what they sang 150 years ago in Salt Lake City during that most unusual Christmas of 1875. But I like to think that as the stars and the moon bathed the Wasatch foothills with a soft white light, the lovely lyrics of one song in particular — an old spiritual also born on a Southern plantation — rose gently into the crisp winter air and echoed off the snow-covered Oquirrh slopes, perhaps for the first time:

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When I was a seeker,

I sought both night and day.

I asked the Lord to help me,

And he showed me the way.

Go tell it on the mountain,

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Over the hills and everywhere,

Go tell it on the mountain,

That Jesus Christ is born!

(Courtesy photo)
Writer and attorney Michael Patrick O’Brien.

Note to readers Michael Patrick O’Brien is a writer and attorney living in Salt Lake City who frequently represents The Salt Lake Tribune in legal matters. His book “Monastery Mornings: My Unusual Boyhood Among the Saints and Monks,” was chosen by the League of Utah Writers as the best nonfiction book in 2022. His new holiday novel, tentatively titled “The Merry Matchmaker Monks of Shamrock Valley,” will be published in time for Christmas 2026. He blogs at theboymonk.com.

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Utah repeals ban on collective bargaining for teachers, firefighters, police unions

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Utah repeals ban on collective bargaining for teachers, firefighters, police unions


SALT LAKE CITY — Utah has repealed a collective bargaining ban passed earlier this year that prevented labor unions serving teachers, firefighters, police and other public employees from negotiating on behalf of their workers.

Republican Gov. Spencer Cox on Thursday approved the repeal of a policy that experts had called one of the most restrictive labor laws in the country.

The state’s Republican-controlled Legislature originally approved the policy in February, saying it was needed to allow employers to engage directly with all employees, instead of communicating through a union representative. Thousands of union members from the public and private sector rallied outside Cox’s office for a week, urging him to veto the bill, which he decided to sign.

Pushback continued in the months after it became law, with the Legislature ultimately deciding on a reversal during a special session this month.

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Republican state Rep. Jordan Teuscher, the original House sponsor, said the repeal “allows us to step back, to lower the temperature and to create space for a clearer and more constructive conversation.”

He maintained that it was a “good policy” that has been “overshadowed by misinformation and unnecessary division.”

The decision comes as Utah Republicans are preparing to defend their four U.S. House seats in the 2026 midterm elections under a new congressional map that creates a heavily Democratic-leaning district in the Salt Lake City area.

A repeal helps Republicans appease the many police officers and firefighters — groups that often lean conservative — who were frustrated by the ban.

State employees were still allowed to join unions under the law, but the unions could not formally negotiate on their behalf for better wages and working conditions.

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Many public educators, the state’s most frequent users of collective bargaining, viewed the policy as way for Republicans to weaken teachers unions and clear a path for their own education agenda.

Teachers unions have been outspoken opponents of Republican policies in Utah and other states where lawmakers have sought to eliminate diversity, equity and inclusion programs, expand school choice vouchers and restrict transgender bathroom use and sports participation in schools.

Union leaders celebrated the repeal and the work of their members who rallied opposition to the law.

Randi Weingarten, president of the American Federation of Teachers, and Brad Asay, the Utah chapter leader, called the repeal “a historic step in the right direction to return respect and dignity to the workers of Utah.”



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