United States v. Massachusetts

493 F.3d 1 (2007)

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United States v. Massachusetts

United States Court of Appeals for the First Circuit
493 F.3d 1 (2007)

AR

Facts

After a catastrophic oil spill in one of its harbors, Massachusetts (defendant) enacted the Massachusetts Oil Spill Prevention Act (MOSPA). MOSPA had a financial-assurance requirement requiring oil tankers to post a $1 billion bond unless they met certain safety requirements, such as being double-hulled. MOSPA allowed state agencies to calibrate the amount of the bond based on a case-by-case basis. The United States (plaintiff) sued for an injunction, arguing that MOSPA was preempted by the federal Ports and Waterways Safety Act of 1972 and resulted in Massachusetts engaging in impermissible indirect regulation of oil tankers. The district court ruled in the United States’ favor, and Massachusetts appealed.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

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