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PACIFIC MERCHANT SHIPPING ASS'N v. GOLDSTENE

No. 09-17765.

639 F.3d 1154 (2011)

PACIFIC MERCHANT SHIPPING ASSOCIATION, Plaintiff-Appellant, v. James GOLDSTENE, in his official capacity as Executive Officer of the California Air Resources Board, Defendant-Appellee. Natural Resources Defense Council, Inc.; Coalition for Clean Air, Inc.; South Coast Air Quality Management District, Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2011.

Attorney(s) appearing for the Case

Aleksandrs Drumalds & Erich Wise (argued), Flynn, Delich & Wise, Long Beach, CA, for the appellant.

Nicholas Stern (argued), Office of the California Attorney General, Sacramento, CA; for appellee James Goldstene; Melissa Lin Perrella & David Richard Petit; National Resources Defense Council, Santa Monica, CA, for appellees National Resources Defense Council, Inc. and Coalition for Clean Air, Inc.; Barbara B. Baird (argued), South Coast Air Quality Management District, Diamond Bar, CA, for appellee South Coast Air Quality Management District.

Before: ROBERT E. COWEN, A. WALLACE TASHIMA, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

COWEN, Circuit Judge:

In this interlocutory appeal, Plaintiff Pacific Merchant Shipping Association ("PMSA") appeals from the District Court's denial of its motion for summary judgment in its action against Defendant James Goldstene, the Executive Officer of the California Air Resources Board ("CARB"). PMSA has challenged, on federal statutory and constitutional grounds, California fuel use regulations (known as the "Vessel Fuel Rules") insofar as...

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