Supreme Court Report

Supreme Court of the United States · Official docket →

Massachusetts Lobstermen's Association, et al. v. Gina M. Raimondo, Secretary of Commerce, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5353 · judgment December 27, 2019

Certiorari denied · March 22, 2021
Pre-decision estimate: 11% cert probability (95% interval 7%–16%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

The Antiquities Act of 1906 authorizes the President to declare national monuments to protect certain objects “situated on land owned or controlled by the Federal Government.” 54 U.S.C. § 320301(a). The boundaries of such monuments must be the “smallest area compatible with the proper care . . . of the objects to be protected.” Id. § 320301(b). For 100 years, the Antiquities Act was understood to apply only where the federal government has plenary power, such as federal land and tribal land. In 2006, however, the President claimed to discover that his power was greater than previously understood. Interpreting the Antiquities Act to authorize monuments anywhere the federal government has a significant amount of regulatory authority, the President designated five vast ocean monuments including the 3.2 million-acre Northeast Canyons and Seamounts Marine National Monument. The questions presented are: Whether, in conflict with the holdings of the Fifth and Eleventh Circuits and the National Marine Sanctuaries Act, the Antiquities Act applies to ocean areas beyond United States’ sovereignty where the federal government has only limited regulatory authority. Whether the President can evade the Antiquities Act’s “smallest area” requirement, including designating ocean monuments larger than most states, by vaguely referencing “resources” or an “ecosystem” as the objects to be protected.

Counsel of record

For petitioner
Jonathan Calvin Wood
Property and Environment Research Center

For respondent
Ian Michael Fein
Natural Resources Defense Council

Case

Conference history
Distributed for 7 conferences

Amicus briefs
4 cert-stage

Argument & decision

Decided March 22, 2021.

Proceedings

  1. Mar 22 2021
    Petition DENIED. Statement of Chief Justice Roberts respecting the denial of certiorari. (Detached Opinion)
  2. Mar 15 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Mar 01 2021
    DISTRIBUTED for Conference of 3/5/2021.
  4. Feb 22 2021
    DISTRIBUTED for Conference of 2/26/2021.
  5. Feb 12 2021
    DISTRIBUTED for Conference of 2/19/2021.
  6. Jan 21 2021
    Letter of January 21, 2021 from counsel for petitioners filed.
  7. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  8. Jan 11 2021
    DISTRIBUTED for Conference of 1/15/2021.
  9. Dec 16 2020
    DISTRIBUTED for Conference of 1/8/2021.
  10. Dec 15 2020
    Reply of petitioners Massachusetts Lobstermen's Association, et al. filed. (Distributed)
  11. Dec 04 2020
    Brief of respondents Ross, Wilbur, et al. in opposition filed.
  12. Dec 04 2020
    Brief of respondents Natural Resources Defense Council, Inc., et al. in opposition filed.
  13. Oct 26 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2020, for all respondents.
  14. Oct 23 2020
    Motion to extend the time to file a response from October 30, 2020 to December 4, 2020, submitted to The Clerk.
  15. Sep 04 2020
    Motion to extend the time to file a response from September 30, 2020 to October 30, 2020, submitted to The Clerk.
  16. Sep 04 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2020, for all respondents.
  17. Aug 31 2020
    Brief amici curiae of International Association of Geophysical Contractors, et al. filed.
  18. Aug 31 2020
    Brief amici curiae of Utah Counties and Utah Representatives filed.
  19. Aug 31 2020
    Brief amicus curiae of The Cato Institute filed.
  20. Aug 31 2020
    Brief amicus curiae of American Forest Resource Council filed.
  21. Aug 27 2020
    Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2020, for all respondents.
  22. Aug 26 2020
    Motion of Ross, Sec. of Commerce, et al. to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.
  23. Aug 24 2020
    Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2020, for all respondents.
  24. Aug 21 2020
    Motion of Natural Resources Defense Council, Inc, et al. to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.
  25. Aug 13 2020
    Blanket Consent filed by Petitioner, Massachusetts Lobstermen's Association, et al.
  26. Jul 27 2020
    Petition for a writ of certiorari filed. (Response due August 31, 2020)