Justices reject suit from Utah and Idaho’s Labrador that sought federal land transfer

The Utah effort to have states wrest control of vast swaths of federal public land across the West was turned away by the Supreme Court recently.

Idaho Attorney General Raul Labrador was a partner in the move that argued the federal government cannot legally retain unappropriated lands — those for which a purpose has not been designated. That definition pertains largely to ground overseen by the Bureau of Land Management. It does not include land that has been set aside for national forests, national parks, national wildlife refuges, wilderness areas or military bases.

The BLM oversees about 9 million acres, or about 17% of Idaho. Most of it is found in the sagebrush-dominated high deserts of southern Idaho but it also includes large chunks along the lower Salmon River, the Owyhee Canyonlands, the Snake River in Hells Canyon, the Elk City township and even some parcels around Lake Coeur d’Alene.

Labrador joined the effort by filing a friend of the court brief that said Idaho is deprived of income from taxes the land might bring in if it were private, or fees from activities like mining or logging if it were owned by the state.

“In other words, federal ownership of State land is funneling billions of dollars away from States annually. If the federal government were required to dispose of these lands, the States could own and manage them and conduct the same sorts of activities that the federal government currently does,” Labrador’s office wrote in the brief.

Utah sought to have the case elevated to the federal Supreme Court without first wending its way through lower courts. The court rejected that request Monday. While Utah, Idaho and other states involved in the effort could opt to refile with lower courts, they have not yet done so.

Public land advocates in Idaho cautiously celebrated the decision that was made without comment, as is the court’s practice.

“The Supreme Court’s refusal to hear Utah’s case is a victory for Americans that cherish public lands, clean water, and fish and wildlife,” said John Robison, Public Lands and Wildlife Director for the Idaho Conservation League in a news release. “But this fight isn’t over. Utah could refile in lower courts, and the case might eventually return to the Supreme Court. The threat is real, and we must stay vigilant.”

Public land advocates said they will continue work to educate political leaders and the public about the value of federal public lands and how transferring it to states could threaten Idaho’s legacy of hunting, fishing and other land based recreation. Nick Faciano of the Idaho Wildlife Federation said states like Idaho and Utah would likely not have the resources to manage huge expanses of land transferred to them from the federal government.

“Our general assumption is it would have ended up going up for sale.”

Labrador acted on his own and not at the behest of the Idaho Land Board or Idaho Gov. Brad Little. Idaho County and the Idaho Freedom Caucus joined the effort by signing on to an amicus brief by the American Lands Council.

Barker may be contacted at ebarker@lmtribune.com