Description
On March 25, 2024, the U.S. Supreme Court refused to hear appeals from three plaintiffs—Murphy Company, the American Forest Resource Council, and the Association of O&C Counties—who challenged the 48,000-acre expansion of the Cascade-Siskiyou National Monument in southern Oregon. The denial of certiorari allowed lower court decisions from both the Ninth Circuit and D.C. Circuit to stand, conclusively ending seven years of litigation that began after President Barack Obama expanded the monument under the Antiquities Act of 1906 in early 2017. Justices Neil Gorsuch and Brett Kavanaugh indicated they would have granted review. President Bill Clinton originally designated the monument in 2000 at the intersection of the Klamath, Siskiyou, and Cascade mountain ranges, an area recognized for exceptional biological diversity.
The plaintiffs contended that Obama's expansion unlawfully designated portions of Oregon and California (O&C) lands as monument territory, arguing this conflicted with the 1937 O&C Act requiring those specific federal lands be managed for sustained-yield timber production to fund county services. The American Forest Resource Council characterized the action as nullifying congressional direction without environmental analysis or public process. Murphy Company similarly argued the Antiquities Act cannot authorize monument designation where separate federal statutes reserve lands for incompatible purposes. Both appellate courts rejected these arguments, determining that the O&C Act contains broad multi-purpose management directives compatible with monument status.
Kristen Boyles, lead attorney for groups defending the monument including the Soda Mountain Wilderness Council, expressed relief that legal challenges had reached their conclusion. Dave Willis, chair of the Soda Mountain Wilderness Council, stated the courts made clear that the timber industry's interpretation of the O&C Act was incorrect. The Association of O&C Counties acknowledged the decision was unsurprising given the difficulty of securing Supreme Court review. Following resolution of the litigation, the Bureau of Land Management initiated development of a Resource Management Plan for the expanded monument, with public comment extending through July 5, 2024.
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