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Massachusetts Lobstermen’s Association v. Ross

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Petition for certiorari denied on March 22, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-97 D.C. Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether, in conflict with the holdings of the U.S. Courts of Appeals for the 5th and 11th 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; and (2) 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.

SCOTUSblog Coverage

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