Description
Following President Obama's January 2017 expansion of the Cascade-Siskiyou National Monument by over 70 percent to approximately 114,000 acres, three separate legal challenges emerged. Murphy Company (an Oregon timber firm), the Association of O&C Counties, and the American Forest Resource Council each filed federal lawsuits arguing that roughly 40,000 acres within the enlarged boundaries consisted of Oregon & California Revested Lands, which Congress designated in 1937 specifically for sustained-yield timber harvest. The plaintiffs contended that this congressional mandate superseded presidential authority under the Antiquities Act to prohibit commercial logging in the area.
The litigation was stayed multiple times during 2017-2018 to allow Interior Secretary Ryan Zinke's monument review process to conclude. When the Trump administration failed to implement Zinke's recommendation to reduce the monument's size, the cases were reactivated in early 2018. Conservation organizations—including the Soda Mountain Wilderness Council, Klamath-Siskiyou Wildlands Center, and Oregon Wild—intervened as defendants to protect the expansion. Ranchers operating within the monument also expressed concern about potential grazing restrictions, though the legal disputes centered on timber harvesting.
In an unexpected development, Department of Justice attorneys representing the Trump administration filed motions in late 2018 defending the expansion's legality, aligning their arguments with the environmental intervenors. Government lawyers asserted that presidential authority under the Antiquities Act permitted the designation and that the O&C Act does not mandate timber production on every specific acre of covered lands. They further argued that the expansion decision fell within executive discretion and was not subject to judicial review. This position effectively defended a predecessor administration's conservation action despite the sitting president's expressed interest in reducing monument boundaries.
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