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Massachusetts Lobstermen's Ass'n v. Raimondo

ELR Citation: 51 ELR 20046
Nos. 20-97, (U.S., 03/22/2021)

The U.S. Supreme Court denied certiorari in a lawsuit concerning President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts National Marine Monument off the New England coast. Commercial fishing groups had petitioned the Court to overturn the D.C. Circuit's 2019 decision upholding the president's proclamation. In a statement accompanying the Court's denial, Chief Justice Roberts questioned how presidents have implemented the Antiquities Act, but concurred despite these concerns because the petition did not satisfy the Court's criteria for granting certiorari—no appellate court has addressed the questions raised in the groups' petition about how to interpret the Act's "smallest area compatible" requirement, and the groups have not suggested what this phrase means or what standard might guide the Court's review of the president's actions.