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Massachusetts Lobstermen’s Association v. Ross

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

Issue: (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)
07/27/2020Petition for a writ of certiorari filed. (Response due August 31, 2020)
08/13/2020Blanket Consent filed by Petitioner, Massachusetts Lobstermen's Association, et al.
08/21/2020Motion 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.
08/24/2020Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2020, for all respondents.
08/26/2020Motion 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.
08/27/2020Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2020, for all respondents.
08/31/2020Brief amici curiae of International Association of Geophysical Contractors, et al. filed.
08/31/2020Brief amici curiae of Utah Counties and Utah Representatives filed.
08/31/2020Brief amicus curiae of The Cato Institute filed.
08/31/2020Brief amicus curiae of American Forest Resource Council filed.
09/04/2020Motion to extend the time to file a response from September 30, 2020 to October 30, 2020, submitted to The Clerk.
09/04/2020Motion 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.
10/23/2020Motion to extend the time to file a response from October 30, 2020 to December 4, 2020, submitted to The Clerk.
10/26/2020Motion 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.
12/04/2020Brief of respondents Ross, Wilbur, et al. in opposition filed.
12/04/2020Brief of respondents Natural Resources Defense Council, Inc., et al. in opposition filed.
12/15/2020Reply of petitioners Massachusetts Lobstermen's Association, et al. filed. (Distributed)
12/16/2020DISTRIBUTED for Conference of 1/8/2021.
01/11/2021DISTRIBUTED for Conference of 1/15/2021.
01/19/2021DISTRIBUTED for Conference of 1/22/2021.
01/21/2021Letter of January 21, 2021 from counsel for petitioners filed.
02/12/2021DISTRIBUTED for Conference of 2/19/2021.
02/22/2021DISTRIBUTED for Conference of 2/26/2021.
03/01/2021DISTRIBUTED for Conference of 3/5/2021.
03/15/2021DISTRIBUTED for Conference of 3/19/2021.
03/22/2021Petition DENIED. Statement of Chief Justice Roberts respecting the denial of certiorari. (Detached Opinion)