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U.S. judge tosses AZ Legislature's lawsuit to stop Baaj Nwaavjo I'itah Kukveni national monument

President Joe Biden
Al Macias
President Joe Biden speaks before signing a proclamation designating the Baaj Nwaavjo I'Tah Kukveni National Monument at the Red Butte Airfield on Tuesday, Aug. 8, 2023, in Tusayan, Arizona.

A federal judge has tossed out a lawsuit filed by Republican lawmakers and others against a newly created national monument in northern Arizona, saying it’s none of their business.

The judge in Arizona Legislature v. Joseph Biden said the plaintiffs in the case lacked standing. The Legislature and a single rancher who leases lands from Arizona and the Bureau of Land Management filed suit challenging the creation of Baaj Nwaavjo I’itah Kukveni national monument.

It’s a sprawling nearly 1 million acre monument surrounding the Grand Canyon with some 3,000 known cultural and historic sites like ancient trails, rock art, pottery and cliff dwellings.

Lawmakers said the monument would harm uranium mining and the state’s ability to manage state trust land.

U.S. District Court Judge Stephanie McNamee said the plaintiffs needed to show "concrete" injury and that if there were an injury to Arizona from the monument proclamation, it's not the legislature's injury but the state's — and the governor and the state hadn't complained.

Taylor McKinnon is with the Center for Biological Diversity which motioned to intervene defending the monument but was denied.

"It’s good news for northern Arizona, it’s good news for all Arizonans and I expect it will be welcome news for the tribes who proposed this monument in the first place," he said.

The Legislature hasn’t said whether it’ll appeal.

EDITOR'S NOTE: The story has been updated to correct that the Center for Biological Diversity motioned to intervene in the case but was denied.

Fronteras Desk senior editor Michel Marizco is an award-winning investigative reporter based in Flagstaff.