Legal Analysis of the Antiquities Act and Marine Monuments
Downloads
The Antiquities Act of 1906 may be used to protect marine areas.
Legal Analysis of Presidential Ability to Revoke National Monuments
The president has no power to unilaterally abolish a national monument under the 1906 Antiquities Act.
See more ›Opponents of National Monuments have made many arguments against the broad scope of the Antiquities Act of 1906, which has been used by presidents for more than 100 years to protect areas of historic or scientific interest beyond small scale archeological sites. However, contrary to the opponents’ arguments, the use of the Act to protect marine objects of historic or scientific interest, including unique marine habitats, species, and ecological or ecological features, through the creation of marine national monuments is authorized under the Act.
This legal analysis by Arnold & Porter Kaye Scholer discusses the president’s ability to ensure the continued protection of marine areas through an Antiquities Act designation. Additional analysis discusses the United States’ authority over the Northeast Canyons and Seamounts National Monument and the status of the Exclusive Economic Zone.
For More Information
-
Blog Post
5 Courageous Asian American Women You May Not Have Heard Of
These women became part of public lands history as they demonstrated the principles of equality and justice celebrated each May during Asian American, Native Hawaiian and Pacific Islander Heritage Month.
-
Blog Post
Trump's Disastrous First 100 Days for National Parks
The new administration has targeted staff, threatened conservation rules and censored our nation’s history. But we think there’s still time to reverse course.
-
Blog Post
Thinking Like a Black Bear
NPCA works to preserve landscapes and wildlife in the East’s last fully connected wilderness with its Safe Passage initiatives.
