The US Supreme Court on Monday declined to hear a case brought by the state of Utah seeking to assert state control over 18.5 million acres of federally owned lands, leaving in place a lower court ruling that upheld federal authority. The decision is a significant setback for Utah’s long-standing efforts to transfer ownership of millions of acres of federal land to state control.

The case is based on Utah’s argument that the federal government’s retention of vast tracts of land within the state violates the Constitution’s Property Clause and infringes upon state sovereignty. Utah contended that federal ownership hinders economic development, resource management, and public access. The state sought to challenge the constitutionality of federal land management policies, which it claimed disproportionately burden western states like Utah, where the federal government owns approximately 66 percent of the land.

Utah Gov. Spencer Cox, State Senate President Adams, House Speaker Mike Schultz and Attorney General Brown released a statement in response to the development, saying:

While we were hopeful that our request would expedite the process, we are disappointed in the Supreme Court’s decision not to take up this case. The Court’s order does not say anything about the merits of Utah’s important constitutional arguments or prevent Utah from filing its suit in federal district court.

Utah remains able and willing to challenge any BLM land management decisions that harm Utah. We are also heartened to know the incoming Administration shares our commitments to the principle of “multiple use” for these federal lands and is committed to working with us to improve land management. We will continue to fight to keep public lands in public hands because it is our stewardship, heritage and home.

Utah’s case rested on a novel interpretation of the state’s entry into the Union. As a condition of statehood in 1896, Utah had forever disclaimed all rights and title to unappropriated public lands within its borders, and the US Department of Justice, representing the Biden administration, argued that Utah’s petition lacked merit due to the state having relinquished rights to federal lands upon joining the Union.

This decision follows a broader trend of judicial deference to federal authority over public lands. In 2022, the Tenth Circuit Court of Appeals ruled against Utah in a related case challenging the designation of the Bears Ears and Grand Staircase-Escalante National Monuments, two high-profile conservation areas in the state. This also comes after a US Circuit Court judge lifted an injunction against a federal pause on oil and natural gas leasing in August 2022.