The threat of monument designation as a technique for successful wilderness legislation: Using the Antiquities Act as a carrot or a stick

Abstract

Congress provides the highest level of federal lands protection when it creates wilderness using the Wilderness Act. There are times, however, when Congress refuses or seems unwilling or unable to take such environmental policy action. In a handful of instances, presidents have strategically used the threat of or actual unilateral monument designation under the Antiquities Act to get Congress to create new wilderness under the Wilderness Act. Under the Antiquities Act presidents may, without stakeholder or congressional input or approval, unilaterally create national monuments covering public lands that fall within the parameters of its provisions, including lands that would be considered wilderness. This strategy may be used by future presidents that wish to encourage Congress to enact environmental policy protecting remaining pristine federal lands with a wilderness designation. This article analyzes three instances where this strategy was successfully used and identifies specific steps taken in each situation that ultimately led to congressional action creating new wilderness.