March 22, 2021 โ The U.S. Supreme Court wonโt take up a challenge to Obama-era protections for a marine monument off the coast of New England, in a win for conservationists and blow to fishermen who have fought restrictions in the area for years.
But the denial came with a warning from Chief Justice John Roberts, who expressed concern that presidents have been exercising โpower without any discernible limitโ when they create new national monuments.
The high court on Monday rejected a petition from the Massachusetts Lobstermenโs Association and other groups that say the 2016 establishment of the Northeast Canyons and Seamounts Marine National Monument exceeded the presidentโs authority under the Antiquities Act.
In a statement on the courtโs denial of the petition, Roberts questioned the scope of presidential authority under the law, which governs monuments. Roberts noted that the act was intended to protect prehistoric Indigenous artifacts and โsmallest area compatibleโ with protection.
Thatโs of little consolation to fishermen affected by restrictions in the Northeast Canyons monument, said Grant Moore, president of the Atlantic Offshore Lobstermenโs Association, a party to the case.
โHis statement leads me to believe that he realizes and understands the complexity of this issue,โ Moore told Bloomberg Law. โUnfortunately for the fishing industry, we are just a speck of dust.โ