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Roberts Harangues Marine Monument as Appeal Runs Aground

March 22, 2021 — The U.S. Supreme Court nixed a challenge Monday to a fishing ban in a massive swath of the Atlantic Ocean that the federal government enshrined as the first-of-its-kind marine monument.

That the court is selective about what cases it hears is widely known — dozens of cases are summarily rejected every week, and today’s order list proved no exception. Singling out this case for attention, however, Chief Justice John Roberts took the unusual step this morning of essentially calling it open season for challenges of the marine monument.

“A statute permitting the president in his sole discretion to designate as monuments ‘landmarks,’ ‘structures,’ and ‘objects’ — along with the smallest area of land compatible with their management — has been transformed into a power without any discernible limit to set aside vast and amorphous expanses of terrain above and below the sea,” Roberts wrote in a statement about the case.

The statute to which Roberts is referring is the federal Antiquities Act, invoked in 2016 by former President Barack Obama to designate a Connecticut-sized area of commercial fishing zone as the Northeast Canyons and Seamounts Marine National Monument.

“The monument contains three underwater canyons and four undersea volcanoes. The ‘objects’ to be ‘protected’ are the ‘canyons and seamounts themselves,’ along with ‘the natural resources and ecosystems in and around them,’” Roberts added. “We have never considered how a monument of these proportions — 3.2 million acres of submerged land — can be justified under the Antiquities Act.”

Considering that national parks can be established only by an act of Congress, the Antiquities Act gives the president a fair amount of flexibility to protect land and sea. It does specify, however, that any parcels of land granted protection must “be confined to the smallest area compatible with the proper care and management of the objects to be protected.”

Read the full story at the Courthouse News Service

Fishermen consider next move after court upholds Atlantic national monument

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.

Read the full story at National Fisherman

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