Latest 2 Cases: Massachusetts Lobstermen's Association v. Ross (Environmental Law), Abou-Haidar v. Sanin Vazquez (Family Law)

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

Read More

Massachusetts Lobstermen's Association v. Ross

Docket: 18-5353

Opinion Date: December 27, 2019

Judge: David S. Tatel

Areas of Law: Admiralty & Maritime Law, Environmental Law, Government & Administrative Law

Commercial-fishing associations challenged the creation of the Northeast Canyons and Seamounts Marine National Monument, which was established by President Obama to protect distinct geological features and unique ecological resources in the northern Atlantic Ocean. The district court concluded that the President acted within his statutory authority in creating the Monument, dismissing the Fishermen's claims. The DC Circuit first drew a distinction between two types of claims: those justiciable on the face of the proclamation and those requiring factual development. The court determined that the Fishermens' first three claims could be judged on the face of the proclamation and resolved as a matter of law, and the last claim required factual allegations. As to the first three claims, the court held that Supreme Court precedent foreclosed the Fishermens' contention that the Antiquities Act does not reach submerged lands; ocean-based monuments are compatible with the Sanctuaries Act; and the federal government's unrivaled authority under both international and domestic law established that it controls the United States Exclusive Economic Zone. Finally, the court held that the Fishermens' smallest-area claim failed, because the complaint contained no factual allegations identifying a portion of the Monument that lacks the natural resources and ecosystems the President sought to protect. Accordingly, the court affirmed the district court's judgment.

Abou-Haidar v. Sanin Vazquez

Docket: 19-7110

Opinion Date: December 27, 2019

Judge: Cornelia Thayer Livingston Pillard

Areas of Law: Family Law, International Law

In this first case arising under the Hague Convention that has reached the DC Circuit, petitioner claimed that his wife, respondent, wrongfully retained their five-year-old daughter in the United States. The court held that the district court did not err in finding that respondent retained the child in May 2019 and that the child's habitual residence was France. The court held that respondent's arguments regarding the date of retention and the child's habitual residence lacked merit. Furthermore, because the parties chose the Mozes framework, and respondent has not challenged the district court's findings under the remaining questions or asserted any defenses, the court affirmed the district court's grant of petitioner's petition for return.