When I first heard about this, I *almost* couldn't believe presidents had interpreted "land" to include the ocean and designate "ocean monuments" using the Antiquities Act (and presumably get around the requirements of another fed law)... https://thefederalist.com/2020/12/17/courts-need-to-stop-presidents-from-calling-oceans-national-monuments-to-illegally-put-them-off-limits/
Courts Must Stop Presidents From Calling Oceans 'National Monuments'

Massachusetts Lobstermen’s Association v. Ross asks SCOTUS to resolve a circuit court split to clarify that the ocean is not land and words have meaning.

https://thefederalist.com/2020/12/17/courts-need-to-stop-presidents-from-calling-oceans-national-monuments-to-illegally-put-them-off-limits/
But I've been around long enough to know the siren song of executive action is strong and crosses party lines. Why bother with all the requirements Congress mandated to create marine sanctuaries when the prez can flick his pen and designate an "ocean monument" instead?
Monument designations (many in the ocean) increased by tenfold (!!) from 2006-2016--700 million acres compared with 72 million acres of designations during the 1st hundred years the Antiquities Act was on the books
But fear not! @PacificLegal is challenging this. In a pending cert. petition (filed by the intrepid @Jon_C_Wood), we ask #SCOTUS to take the case and make clear that ocean is not land, up is not down, and words have meaning.
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