9th Circuit: Obama Had Authority to Expand Monument’s Territory Into Land Reserved for Timber Production
The 2-1 majority disagreed with Murphy’s contention and said the company “overreads” the limit of the law’s congressional commitment to timber production in the O&C Act, and that it “improperly discount[ed]” the statute’s delegation of authority to the Department of Interior and its secretary for managing land from the act for uses other than timber.