Utah
Utah Legislature votes to join lawsuit on federal lands
The state Legislature’s Management Committee voted Tuesday to file a friend of the court brief before the U.S. Supreme Court in support of the Utah Attorney General’s lawsuit filed in August over 18.5 million acres of “unappropriated” public lands under federal ownership.
A tie vote of 4-4 was broken by leadership, as per rules, when House Speaker Mike Schultz, R-Hooper, and Senate President Stuart Adams, R-Layton, voted once again in favor of supporting the unique lawsuit.
Both Schultz and Adams said it is well past time that Utah do something about the vast amount of land controlled by the federal government that they say is often left in disarray and neglected.
“I’ve had the opportunity to watch Utah’s public lands over the last almost 40 or almost 50 years,” Schultz said. “And what is happening to our public lands kills me. As a conservationist at heart, who spends a lot of his own money, a lot of my own money, on improving land and making it better — to see the mismanagement that’s happening on our Forest Service lands, on our BLM lands, on all of the federally managed lands, is sickening, and we should all be ashamed of it. It’s going backwards.”
The amicus curiae, or friend of the court brief, comes in response to a lawsuit announced last month in a press conference by Utah Gov. Spencer Cox, joined by Utah Attorney General Sean Reyes.
The country’s highest court has yet to take up the case. But if it were to rule in Utah’s favor, control of a significant portion of public lands would shift to state capitals like Phoenix, Boise and Salt Lake City, instead of the nation’s Capitol 2,000 miles away.
It is those people, Schultz added, in charge of those lands in Utah — “bureaucrats” far removed from the state — who are out of touch with what is going on with the landscapes.
“It is not right and it is not fair,” he asserted.
Adams said the lawsuit leaves untouched places already under active management by federal agencies such as national parks, wilderness areas, national forests, monuments, tribal lands or military properties — land he describes as appropriated and serving a designated use. That amounts to 18.8 million acres.
But 18.5 million acres of federal land is unencumbered for a special purpose, land that the state fears will soon change with public land restrictions that no longer make the land public multiuse and for purposes of sustained yield — something etched in stone under the Federal Lands Policy Management Act passed in 1976.
The land ownership by the federal government puts Utah at a distinct disadvantage, Adams said.
“In comparison the federal government owns less than 1% of the ground in Connecticut, New York and Rhode Island. Our Founding Fathers took care of those three states,” Adams said. “If you move on, less than 3% of the land is federally owned in Delaware, Maine, Massachusetts, Ohio and Pennsylvania, and yet they own 70% of the land here in Utah.”
Look but don’t touch
Some GOP lawmakers have said the federal government is whittling away access to land they control, via restrictions that include 500 miles of roads closed and more to come. Grazing allotments are at risk as well, due to a new position by the Bureau of Land Management that nongovernment organizations are on an equal footing when it comes to being granted leases — but for conservation purposes lawmakers say have the potential to decimate public access.
“It takes a hands off, don’t touch, stay out approach, and they’re going to continue to close down more roads. This is access to some of those of us that love to get out and recreate, camp and climb or whatever it is,” Schultz said. “Hiking in our public land, they’re no longer going to have access to some of their favorite areas unless they’re willing to walk in 15 to 20 miles to get … to this area or to the area where they historically had access — and that is not fair to people with disabilities and that is not fair to people who can’t hike that far in.”
Several Democratic members of the Legislative Management Committee made clear their objection to Utah’s involvement, citing the costs that will run into the millions and the small chance of any tangible victory.
“I think it’ll be taxpayer money being lost in another fruitless litigation. But we will lose outdoor recreation opportunities. We will lose habitat for wildlife, and this will provide us with an opportunity to privatize some of the 70% of the land we all recreate on,” said Sen. Kathleen Riebe, D-Cottonwood Heights.
Rep. Jen Dailey-Provost, D-Salt Lake City, also wanted her name put on record as opposing the legal action.
But if the state is successful, it would take over leasing on those federal lands.
Utah has hired former U.S. Solicitor General Paul Clement and leading Supreme Court advocate Erin Murphy to argue the case, which could add up to $14 million in costs.
Utah
‘2.5 minutes of terror’: Passengers sue Delta, alleging crew flew into dangerous weather despite warnings, injuring dozens
Twenty passengers allege the airline ignored repeated weather warnings before the flight hit severe turbulence that sent dozens of people to hospitals
(Bethany Baker | The Salt Lake Tribune) A Delta airplane travels down the runway at Salt Lake City International Airport in Salt Lake City last March. Passengers on a Delta flight last July are suing the airline over injuries suffered because of violent turbulence.
Utah
Utah, Salt Lake County awarded grants for community cleanup
SALT LAKE CITY — The Environmental Protection Agency awarded Utah and Salt Lake County a total of $3.5 million in grants to assess potentially polluted properties for eventual cleanup and redevelopment.
The agency announced a $2 million grant to Utah’s Department of Environmental Quality and $1.5 million to Salt Lake County to conduct environmental assessments and inventory brownfield sites for cleanup. Brownfields are sites that may be difficult to redevelop or expand because of “the presence or potential presence of a hazardous substance, pollutant or contaminant,” according to the agency.
“These brownfields grants will help Utah communities clean up contaminated sites and unlock opportunities for redevelopment and investment,” EPA Regional Administrator Cyrus Western said in a news release announcing the grants earlier this week. “By transforming underused properties into community assets, EPA is helping create healthier neighborhoods and stronger local economies.”
The two grants awarded to Utah and Salt Lake County are among more than $248 million awarded to nearly 200 communities nationwide for brownfield assessment and cleanup. Utah’s Department of Environmental Quality plans to focus the resources on several areas in Ogden, Heber City and Fillmore, among others, according to Bill Rees, who leads Utah’s brownfield cleanup program.
“What we do is work to secure the funding and then begin to reach out to our communities across the state, say, ‘Listen, there’s opportunity to do some assessment work in your community if you’re interested,’ and then work with our rural partners, work with our urban partners to see if there are sites that will fit that bill,” he told KSL.
The state has received similar grants in the past, and Rees said the money can help local governments determine what to do with ailing properties such as old schools, hospitals or private property that have gone to waste.
“Is there asbestos in it, or is there hazardous material in it? Or could there be something that’s impacting the soil or the groundwater, and a policymaker needs to make a decision?” asked Rees. “Knowledge allows you to make good decisions.”
The $1.5 million awarded to Salt Lake County is the largest brownfields assessment grant the county has ever received, according to a county press release.
“This grant is a real win for our communities,” said Mayor Jenny Wilson. “This funding will let us do vital environmental work on a larger scale and in more neighborhoods. It reflects exactly the kind of partnership between local and federal government that gets results for residents.”
The county grant funds will be used to help create cleanup plans in three areas, including a vehicle storage yard in Salt Lake City’s Ballpark Neighborhood, a 4.26-acre vacant lot in Millcreek and a small commercial building in Magna that was damaged during an earthquake in March 2020, according to the EPA.
Contributing: Don Brinkherhoff
The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.
Utah
Utah weather conditions trigger historic red flag warning as wildfires rage in state
The National Weather Service in Salt Lake City issued red flag warning Friday morning as emergency workers continued to battle one of the state’s largest wildfires in its history.
The red flag warning, issued when critical fire warnings are occurring or imminent, was to be in place through midnight Saturday.
“This is the FIRST Particularly Dangerous Situation Red Flag Warning issued in NWS Salt Lake City history. This is an exceptionally rare event,” the federal agency said in its warning.
A map of the area under the warning covered much of central and southwest Utah, with an area of the southwest, central and southern mountains also outlined as “particularly dangerous red flag.”
The particularly dangerous area includes the Cottonwood Fire, near the town of Beaver, which started Monday and had grown to covering almost nearly 71,000 acres by Thursday, 15 News reported. The fire forced evacuations.
The NWS warned that gusty winds and dry conditions would lead to rapid fire growth.
Utah also was dealing with the Iron Fire, which started June 19, and nearly destroyed the town of Eureka. The fire was about 27% contained Friday morning.
The fire danger led Utah Gov. Spencer Cox to issue executive order restricting fireworks statewide during the July 4 holiday, which marks the nation’s 250th birthday this year. The ban is in effect through July 5.
“Nothing about this decision was easy,” Cox said in a statement issued by his office Thursday.
“This is unlike anything we’ve seen in recent memory. We’re seeing fires spread farther and faster under conditions that defy historical expectations” Jamie Barnes, Utah state forester and director of the Utah Division of Forestry, Fire and State Lands, added in the statement.
Cox allowed cities and local communities to set aside areas where fireworks could be safely used. The city of Provo announced it would enforce a citywide prohibition on fireworks and would not designate a safe area for fireworks.
“This year is different,” Provo Mayor Marsha Judkins said in a statement. “The wildfire danger facing our community is real, and protecting lives, homes, and our natural spaces must come first.”
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