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MURPHY CO. v. BIDEN

No. 19-35921.

65 F.4th 1122 (2023)

MURPHY COMPANY, an Oregon corporation; Murphy Timber Investments, LLC, an Oregon limited liability company, Plaintiffs-Appellants, v. Joseph R. BIDEN, Jr., in his official capacity as President of the United States of America; Debra A. Haaland, in her official capacity as Secretary of Interior; U.S. Department of the Interior, Defendants-Appellees, Soda Mountain Wilderness Council; Klamath-Siskiyou Wildlands Center; Oregon Wild; Wilderness Society, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2023.

Attorney(s) appearing for the Case

Julie A. Weis (argued) and Michael E. Haglund , Haglund Kelley LLP, Portland, Oregon, for Plaintiffs-Appellants.

Robert J. Lundman (argued), Coby Howell , Brian C. Toth , and Mark R. Haag , Attorneys; Todd Kim , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice; Washington, D.C.; Laura Damm and Brian Perron , Attorneys; United States Department of the Interior; Washington, D.C.; for Defendants-Appellees.

Kristen L. Boyles and Ashley N. Bennett , Earthjustice, Seattle, Washington; Susan Jane M. Brown , Western Environmental Law Center, Portland, Oregon; for Intervenor-Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge Tallman.

OPINION

This case calls on us to consider the intersection of the Antiquities Act, adopted in 1906, and the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act ("O & C Act"), adopted in 1937. The Antiquities Act grants the President broad authority to create, by presidential proclamation,...

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