Bloomberg Law National Monuments at Risk & SNAP Benefits
Nov 4, 2025
In this lively discussion, Pat Parenteau, an environmental law professor at Vermont Law, explores the complexities of the Antiquities Act and the ongoing Bears Ears legal challenge. He sheds light on potential Supreme Court scrutiny and the vagueness of monument protections. Meanwhile, Harold Krent, a constitutional law expert from Chicago-Kent College, tackles the intricacies of SNAP funding, detailing federal judges' rulings and the challenges states face with partial payments. Together, they navigate the intersection of environmental and constitutional law.
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Courts May Review Monument Declarations
- The 10th Circuit is weighing whether courts can review presidential national monument designations under the Antiquities Act.
- Pat Parenteau suggests the court will likely allow at least limited judicial review rather than none at all.
Justice Dept. Rebounds On 1938 Opinion
- The Justice Department reversed a long-standing 1938 view on presidential power over monuments.
- Parenteau notes the statute is unclear whether subsequent presidents can rescind or substantially reduce prior monuments.
Separation Of Powers At Play
- Separation-of-powers and Congress's property clause authority will shape future Supreme Court review.
- Parenteau predicts the Court may treat monument changes as primarily a congressional responsibility.