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SHELL OIL CO. v. CITY OF SANTA MONICA

Nos. 86-6103, 86-6206.

830 F.2d 1052 (1987)

SHELL OIL COMPANY, a Delaware corp., Plaintiff-Appellant-Cross-Appellee, v. CITY OF SANTA MONICA, a municipal corp., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 21, 1987.

Attorney(s) appearing for the Case

Edward S. Renwick, Los Angeles, Cal., for plaintiff-appellant-cross-appellee.

Mary H. Strobel, Santa Monica, Cal., for defendant-appellee-cross-appellant.

Before PREGERSON, NELSON and WIGGINS, Circuit Judges.

NELSON, Circuit Judge:

Shell Oil Company appeals from a grant of summary judgment holding (1) that the City of Santa Monica is exempt from the dormant commerce clause under the market participant doctrine in its setting of a franchise fee for an oil pipeline traversing the city and (2) that the state constitution does not bar the fee. Santa Monica cross-appeals from a grant of summary judgment holding that the Hazardous Liquid Pipeline Safety Act, 49 U.S.C.A. §...

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