Comprehensive and bi-partisan legislation to address climate change, the Energy Innovation and Carbon Dividend Act of 2018, has recently been introduced in both the House and the Senate.

This progress is long overdue. Ronald Reagan, Margaret Thatcher and George H.W. Bush were all calling for action to address climate change 30 years ago. Since then we have seen this important issue fall victim to special interests influence and partisan politics.

This legislation will reduce greenhouse gas pollution by placing a modest fee on carbon intensive fossil fuels to spur innovation and encourage the use of cleaner energy sources. The money collected from the carbon fee will then be allocated in equal shares every month to the American people to spend as they see fit. The government would not keep any of the money from the fee.

On November 19, CRS filed amici curiae briefs supporting lawsuits against the Trump administration over its dramatic rollback of Bears Ears and Grand Staircase-Escalante national monuments in Utah. These briefs were filed in opposition to the administration’s motions to dismiss the cases.

CRS argues that the Antiquities Act, which provides presidents with specific authority to establish national monuments, in no way authorizes them to diminish or undo previously established monuments. Under that law—and the U.S. Constitution—such two-way authority rests only with Congress.

“We have always maintained that these national monument rollbacks are illegal. The Antiquities Act was enacted exclusively to protect America’s natural and cultural heritage, it in no way confers authority on the president to diminish or destroy it,” said CRS president David Jenkins.

The Trump administration’s unprecedented rollback of Bears Ears and Grand Staircase Escalante national monuments in Utah—along with signals of more monument slashing to come—has generated strong pushback from conservatives. In addition to CRS, Citizens of the Republic (founded by Ronald Reagan), and the Green Tea Coalition have rallied to the defense of America’s national monuments–all coordinating their efforts as part of the American Monuments Alliance. In addition, numerous conservative legal scholars have challenged the administration’s rollbacks as unlawful and unconstitutional.

Even more telling, recent polling shows that the vast majority of conservatives oppose the administration’s national monument rollbacks.  For example, a national poll by McLaughlin & Associates late last year found that 85 percent of Republicans nationwide support keeping existing national monument designations in place or increasing their number.

Safeguarding important parts of America’s natural and cultural heritage has always been conservative. As President Reagan once noted, “What is a conservative after all but one who conserves.” Prudence, tradition, and selfless concern for future generations are all hallmarks of genuine conservatism. Those on the political right who betray those values are not conservative.

Over the past year, our public lands and waters have been under siege like never before. National monuments, the Arctic Refuge, sensitive coastal areas, have all had their protections removed. Countless other public land protections and environmental safeguards have been scrapped. Soon we may be adding the selloff of our public lands to that list.

The Trump administration’s recently leaked infrastructure document, titled “Funding Principles,” appears to call for selling off America’s great outdoors to special interests as a way of funding its infrastructure goals. In the section titled Disposition of Federal Real Property, it “would establish through executive order the authority to allow for the disposal of Federal assets.” If enacted, President Trump and/or Secretary Zinke would be able to sell our publicly owned lands as they see fit.

Apparently, it does not matter that during the campaign both Trump and Zinke claimed to oppose any efforts to sell or otherwise transfer America’s public lands. This is something CRS will be monitoring closely.

With his recent announcement in Utah that he intends to dramatically slash Bears Ears and Grand Staircase Escalante national monuments, President Trump has crossed the threshold from ill-advised rhetoric to illegality. While this is the clear consensus of legal minds from across the political spectrum, conservative lawyers and experts well steeped in the U.S. Constitution are sounding some of the loudest alarms.

A new legal paper from Bruce Fein, an associate deputy attorney general under President Reagan, and W Bruce DelValle—both partners at the firm Fein & DelValle PLLC—makes the case that Trump’s actions are not simply illegal, they are unconstitutional.

Fein and DelValle point out that in crafting the Antiquities Act, which grants presidents the authority to establish national monuments, Congress never “intended to crown the President with discretion to revoke or materially diminish or alter the management of an existing national monument.”