Pacific Merchant Shipping Association v. Goldstene

639 F.3d 1154 (2011)

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Pacific Merchant Shipping Association v. Goldstene

United States Court of Appeals for the Ninth Circuit
639 F.3d 1154 (2011)

Facts

California enacted fuel-use regulations that applied to sea-going vessels located more than three miles from the California coast. The purpose of the regulations was to reduce California air pollution by requiring ocean-going vessels to use cleaner marine fuels. California believed that the regulations would significantly reduce sulfur emissions, prevent approximately 3,500 premature deaths, and prevent nearly 100,000 asthma attacks. Additionally, California would finally be able to comply with national air-quality standards and avoid federal sanctions. The Pacific Merchant Shipping Association (association) (plaintiff) sued and moved for summary judgment. Specifically, the association claimed that the state rules were preempted by the Submerged Lands Act because the act meant that the federal government had exclusive jurisdiction over conduct more than three miles from the coast. The district court denied summary judgment, and the association appealed.

Rule of Law

Issue

Holding and Reasoning (Cowen, J.)

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