January 14, 2020 — A federal appeals court has upheld the creation of the Northeast Canyons and Seamounts Marine National Monument, affirming that the federal Antiquities Act can be applied at sea as well as on land.
The Massachusetts Lobstermen’s Association and other fishing advocates challenged former President Barack Obama’s designation of the 5,000-square-mile area at the edge of the continental shelf south of Georges Bank in 2016. A lower federal court ruled against their lawsuit in 2018.
Conservation groups and environmental advocates joined the arguments in both the lower and appeals courts, portraying the monument protections as critical to protect deep-sea corals, whales and other marine life from future offshore oil exploration and “industrial fishing.”
In an opinion for the District of Columbia Court of Appeals, Circuit Court Judge David Tatel explained why the three-judge panel dismissed all of the fishermen’s arguments against the monument – starting with their contention that the Antiquities Act cannot apply to the sea floor.