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Massachusetts Lobstermen’s Association v. Ross

Certiorari Denied

Petition for certiorari denied on March 22, 2021.

Docket No.20-97
Op. BelowD.C. Cir.

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.

Proceedings & orders timeline

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

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