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Murphy Co. v. Trump

ELR Citation: 49 ELR 20052
Nos. 1:17-cv-00285-CL, (D. Or., 04/02/2019) (Clarke, M.J.)

A magistrate judge ruled against a timber company's motion for summary judgment in a challenge to President Obama's decision to include lands covered under the Oregon and California Revested Lands Act (O&A Act) in the expansion of the Cascade-Siskiyou National Monument. The company argued that the president exceeded statutory authority when he issued a proclamation that expanded the monument because the lands covered in the expansion were subject to the O&A Act and thus were not available for inclusion. But the magistrate judge concluded the president had authority under the Antiquities Act to add such lands to the national monument. The company also argued that the Antiquities Act could not simply be invoked to override the O&C Act's mandate for the use of public lands, but the magistrate judge found no irreconcilable conflict between the two statutes and nothing to suggest that Congress intended for the O&A Act to substitute or repeal the Antiquities Act. The magistrate judge therefore recommended that the company's motion for summary judgment be denied.