Whether the Antiquities Act applies to ocean areas beyond U.S. sovereignty where the federal government has limited regulatory authority

Questions Presented The Antiquities Act of 1906 authorizes the President to declare national monuments to protect certain objects “situated on land owned or controlled by the Federal Government.” 54 U.S.C. § 320301(a). The boundaries of such monuments must be the “smallest area compatible with the proper care. . . of the objects to be protected.” Id. § 320301(b). For 100 years, the Antiquities Act was understood to apply only where the federal government has plenary power, such as federal land and tribal land. In 2006, however, the President claimed to discover that his power was greater than previously understood. Interpreting the Antiquities Act to authorize monuments anywhere the federal government has a significant amount of regulatory authority, the President designated five vast ocean monuments including the 3.2 million-acre Northeast Canyons and Seamounts Marine National Monument. The questions presented are: Whether, in conflict with the holdings of the Fifth and Eleventh 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. 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.