MASSACHUSETTS LOBSTERMEN'S ASSOCIATION v. ROSS

No. 18-5353.

945 F.3d 535 (2019)

MASSACHUSETTS LOBSTERMEN'S ASSOCIATION, et al., Appellants, v. Wilbur ROSS, in his official capacity as Secretary of Department of Commerce, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 27, 2019.


Attorney(s) appearing for the Case

Jonathan Wood , Sacramento, CA, argued the cause for appellants. With him on the briefs were Damien M. Schiff and Joshua P. Thompson , Sacramento, CA.

Avi Kupfer , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, and Andrew C. Mergen and Robert J. Lundman , Attorneys.

Katherine Desormeau argued the cause for defendants-intervenors-appellees. With her on the brief were Ian Fein , Peter Shelley , Boston, MA, and Roger Fleming , Fort Lauderdale, FL.

David J. Berger , Palo Alto, CA, and Justin A. Cohen , New York, NY, were on the brief for amici curiae Academic Scientists in support of appellees.

Paul M. Thompson was on the brief for amici curiae Alison Rieser, et al. supporting defendant's brief affirming the District Court.

Nicholas A. DiMascio , Samantha R. Caravello , and Lori Potter , Denver, CO, were on the brief for amicus curiae National Audubon Society in support of appellees and supporting affirmance.

Andrew J. Pincus , Washington, DC, was on the brief for amici curiae Senator Richard Blumenthal and Senator Brian Schatz in support of appellees and for affirmance of the District Court's judgment.

Douglas W. Baruch , Washington, DC, was on the brief for amici curiae Ocean and Coastal Law Professors in support of defendants-appellees and defendants-intervenors-appellees and affirmation.

Before: Tatel and Millett, Circuit Judges, and Ginsburg, Senior Circuit Judge.


Acting pursuant to the Antiquities Act, 54 U.S.C. §§ 320301 et seq., President Obama established the Northeast Canyons and Seamounts Marine National Monument to protect "distinct geological features" and "unique ecological resources" in the northern Atlantic Ocean. Proclamation No. 9496, 3 C.F.R. 262, 262 (2017) ...

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