Imagine living in a state where nearly half the land—millions of acres rich in resources—remains locked away under federal control, stifling economic growth and silencing your community’s voice. For the people of Wyoming, this isn’t a distant scenario, it’s the harsh reality they face every day. Now, Wyoming legislators are stepping up to challenge the federal government’s assertion that it can own or regulate these lands in perpetuity.
The case Utah v. United States represents a critical constitutional struggle over state sovereignty and land use in the American West. The U.S. Constitution establishes a federal government with limited, clearly defined powers, leaving the rest to the States. Yet, in Wyoming and other Western States, the federal government has asserted that it can control vast amounts of land, dictating the uses of the land and undermining the States’ autonomy.
At present, the federal government controls nearly 47% of Wyoming’s surface land—around 29 million acres—and an even larger share of the State’s mineral rights, with 69% (about 18 million acres) held under federal authority. The federal regulators say that the land can be locked away under the Federal Land Policy and Management Act (FLPMA) of 1976.
Recently, the State of Utah asked the Supreme Court to weigh in on this assertation of unconstitutional power, and several Wyoming Legislators have stepped in to support Utah in asking the Court to take the case. These Legislators want the Court to affirm Wyoming’s right to manage its own land and resources, free from the interference of unelected federal bureaucrats. This case goes far beyond land ownership; it’s about Wyoming’s sovereignty and the State’s ability to shape its own future. The federal government’s position that it can control these lands robs Wyoming of vital opportunities for economic development, job creation, and resource management—opportunities that could fuel the State’s economy and benefit its citizens.
Mountain States Legal Foundation has filed an amicus brief in the case on behalf of the Wyoming Legislators in hopes of supporting Utah and convincing the Supreme Court to take on this case about unconstitutional overreach. We argue that the federal government’s refusal to relinquish control of unclaimed lands violates the Constitution. When Wyoming and other Western States entered the Union, they were promised equal sovereignty with their Eastern counterparts. While the federal government transferred lands to Eastern states upon their statehood, it has held on to vast portions of Wyoming’s lands, saying that the federal government—not Wyoming—gets to decide how to use lands in Wyoming. This unequal treatment undermines Wyoming’s ability to govern itself as a true sovereign state.
Our fight is to establish Wyoming’s right to govern its own lands. We seek to force the federal government to release its unconstitutional hold on these lands and ensure that Wyoming and the other Western states are treated as a full and equal member of the Union. By doing so, we aim to restore the balance of power and unlock the immense economic potential that has been stifled by decades of federal control.
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What’s at Stake?
For Wyoming, the stakes couldn’t be higher. The federal government’s grip on nearly half the State’s land prevents Wyoming from taxing or regulating its own resources. This has cost the State billions in potential revenue—money that could be used to fund schools, build infrastructure, and provide essential services. Even more frustrating is the fact that Wyoming is rich in resources like coal, oil, and natural gas—yet federal control over these lands prevents the State from fully managing its own economic potential.
But this case isn’t just about Wyoming. The outcome will affect the entire West and the ongoing struggle between state and federal authority. The federal government’s excessive assertions that it can control land in the Western States undermines the sovereignty of these States, treating them as second-class members of the Union. While Eastern States enjoy the freedom to govern their lands, Western States are told they must instead follow federal dictates. This imbalance erodes the federalism principles enshrined in the Constitution, where powers not delegated to the federal government are reserved for the States.
In Utah v. United States, Wyoming Legislators, backed by MSLF, are standing up for the principle that the federal government should not be allowed to hold on to unclaimed lands in perpetuity. It’s time to restore the constitutional balance of Federal and State power, uphold state sovereignty, and recognize Western States ability to govern their lands and shape their economic futures as full and equal members of the Union.
Case Timeline:
- October 2024: MSLF files amici curiae in support of the Wyoming Legislators
- January 2025: US Supreme Court denied Utah’s request to file a lawsuit against the US challenging the federal government’s continued holding/ownership/regulation of federal lands in Utah.
