yubanet.com/…
in the latest win for Obama’s conservation moves during his tenure, following the reinstatement last week of the protected areas in the Arctic and Atlantic he reserved on his way out in 2016 , and last years upholding of his declaration of Northeastern Canyons and Seamounts Marine national monument in the Atlantic off of New England, an Oregon court has upheld his midnight expansion of Cascade-Siskiyou by 48000 acres, ruling Obama had the authority to expand the monument under the Antiquities Act, and that the Antiquities Act does not conflict with the 1937 Oregon and California Revested Lands Act ( O+C Act), which was passed by Congress to provide a guaranteed and sustainable supply of timber on some 2.1 million acres, primarily in Oregon.
This win is the latest sign that his declaration of Bears Ears at 1.35 million acres in late 2016 will be upheld as well, and Trumps reduction of Bears ears by 1.15 million acres will be tossed as being outside the presidents statutory authority, as a president may not undo the actions of his predecessors in regards to designation of monuments.
Once established, the borders of a monuments are permanent, and may not be reduced, save by Congress. A president may add on to existing monuments, but that is the sole modification authority left to the president after the 1976 passage of the federal Land Management and Policy act, which reserved to Congress the sole ability to reduce monuments.
This ruling is a good sign for those trying to protect public lands, and yet another sign that if we regain full control of Congress and the presidency next year, some changes regarding conservation will need to be made.