Tribal Plaintiff's Amended Complaint
Case 1:17-cv-02590-TSC Document 146 Filed 11/07/19 Page 1 of 76 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) HOPI TRIBE, et al., ) ) Plaintiffs, ) Case No.17-cv-2590 (TSC) ) v. ) ) ) Defendants. ) ) ) UTAH DINÉ BIKÉYAH, et al., ) ) Plaintiffs, ) Case No. 17-cv-2605 (TSC) ) v. ) ) DONALD J. TRUMP, et al., ) ) Defendants. ) ) ) NATURAL RESOURCES DEFENSE) COUNCIL, INC., et al., ) ) Plaintiffs, ) Case No. 17-cv-2606 (TSC) ) v. ) ) DONALD J. TRUMP, et al., ) ) CONSOLIDATED CASES Defendants. ) ) TRIBAL PLAINTIFFS’ AMENDED AND SUPPLEMENTAL COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Case 1:17-cv-02590-TSC Document 146 Filed 11/07/19 Page 2 of 76 INTRODUCTION 1. This case arises from President Trump’s unlawful attempt to revoke and replace the Bears Ears National Monument (“the Monument or “Bears Ears”) a national monument of major cultural, historic and scientific importance to the Plaintiff Tribes in violation of the United States Constitution and the Antiquities Act of 1906. Beginning with Theodore Roosevelt, Presidents have designated more than one hundred monuments throughout our country. However, no President has ever previously sought to abolish one by Proclamation because the Antiquities Act does not authorize a President to do so. In attempting to, in effect, abolish the Bears Ears National Monument (“Bears Ears” or the “Monument”), the President has exceeded the limited authority delegated to his office, in violation of the Antiquities Act and the separation of powers established in the Constitution. Further, the President was plainly aware that he lacked the authority to revoke the Monument, and is transparently attempting to evade that strict limitation by purporting to reduce it versus abolishing it all together.
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