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Murphy Company, et al. v. Joseph R. Biden, Jr., President of the United States, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35921 · judgment April 24, 2023


Certiorari denied · March 25, 2024
Pre-decision estimate: 9% cert probability (95% interval 6%–12%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

The Antiquities Act of 1906 authorizes the President, “in [his] discretion,” to declare that “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest” found on federal land are “national monuments” and to “reserve parcels of land as a part of the national monuments” so long as those parcels are “confined to the smallest area compatible with the proper care and management of the objects to be protected.” 54 U.S.C. 320301. Three decades after that Act’s passage, in the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act of 1937 (O&C Act), Congress reserved certain federal lands in Oregon for “permanent forest production,” mandating that “the timber thereon shall be sold, cut, and removed in conformity with the princip[le] of sustained yield” timber production. 43 U.S.C. 2601. In 2017, President Obama invoked the Antiquities Act to add O&C Act timberlands to an existing Oregon national monument established to protect biological diversity, see Proclamation 9564, 82 Fed. Reg. 6,145 (Jan. 12, 2017)—despite the fact that lands that are part of that monument may not be used in “provision of a sustained yield of timber,” Proclamation 7318, 65 Fed. Reg. 37,249, 37,250 (June 9, 2000). The question presented is whether the Antiquities Act authorizes the President to declare federal lands part of a national monument where a separate federal statute reserves those specific federal lands for a specific purpose that is incompatible with national-monument status.

Counsel of record

For petitioner
Jessie Barrington
Western Resources Legal Center

For respondent
Kristen L. Boyles
Earthjustice

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage

Proceedings

  1. Mar 25 2024
    Petition DENIED. Justice Gorsuch and Justice Kavanaugh would grant the petition for a writ of certiorari.
  2. Mar 06 2024
    DISTRIBUTED for Conference of 3/22/2024.
  3. Mar 05 2024
    Reply of petitioners Murphy Company, et al. filed. (Distributed)
  4. Feb 16 2024
    Brief of Federal Respondents in opposition filed.
  5. Feb 16 2024
    Brief of respondents Soda Mountain Wilderness Council, et al. in opposition filed.
  6. Jan 11 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2024, for all respondents.
  7. Jan 10 2024
    Motion to extend the time to file a response from January 17, 2024 to February 16, 2024, submitted to The Clerk.
  8. Dec 18 2023
    Brief amici curiae of Arizona Farm Bureau Federation, et al. filed.
  9. Dec 18 2023
    Brief amici curiae of Representative Cliff Bentz and 28 members of Congress filed. VIDED.
  10. Dec 15 2023
    Brief amicus curiae of Pacific Legal Foundation filed.
  11. Dec 14 2023
    Brief amici curiae of Roseburg Area Chamber of Commerce and NFIB Small Business Legal Center, Inc. filed.
  12. Dec 13 2023
    Brief amici curiae of Public Lands Council and National Cattlemen's Beef Association filed.
  13. Dec 12 2023
    Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2024, for all respondents.
  14. Dec 11 2023
    Motion to extend the time to file a response from December 18, 2023 to January 17, 2024, submitted to The Clerk.
  15. Nov 15 2023
    Petition for a writ of certiorari filed. (Response due December 18, 2023)