UNITED STATES; American Waterways Operators; International Association of Independent Tanker Owners; BIMCO; Chamber of Shipping of America, Plaintiffs, Appellees,
v.
Commonwealth of MASSACHUSETTS; Massachusetts Department of Environmental Protection; Deval Patrick, in his capacity as Governor of Massachusetts; Arleen O'Donnell, in her capacity as Acting Commissioner of the Massachusetts Department of Environmental Protection, Defendants, Appellants,
Coalition for Buzzards Bay, Defendant.
United States; American Waterways Operators; International Association of Independent Tanker Owners; BIMCO; Chamber of Shipping of America, Plaintiffs, Appellees,
v.
Commonwealth of Massachusetts; Massachusetts Department Of Environmental Protection; Deval Patrick, in his capacity as Governor of Massachusetts; Arleen O'Donnell, in her capacity as Acting Commissioner of the Massachusetts Department of Environmental Protection, Defendants,
Coalition for Buzzards Bay, Defendant, Appellant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard May 8, 2007.
Decided June 21, 2007.
Attorney(s) appearing for the Case
Pierce O. Cray, Assistant Attorney General of the Commonwealth of Massachusetts, with whom Thomas F. Reilly, Attorney General of the Commonwealth of Massachusetts, was on brief, for appellants in No. 06-2361.
Philip M. Ferester, Assistant Attorney General of the State of Washington, Rob McKenna, Attorney General of the State of Washington, Talis J. Colberg, Attorney General of the State of Alaska, Bill Lockyer, Attorney General of the State of California, G. Steven Rowe, Attorney General of the State of Maine, Hardy Myers, Attorney General of the State of Oregon, Patrick Lynch, Attorney General of the State of Rhode Island, and Roberto J. Sánchez-Ramos, Secretary of Justice of the Commonwealth of Puerto Rico, on brief for the States of Washington, Alaska, California, Maine, Oregon, and Rhode Island, and the Commonwealth of Puerto Rico, amici curiae in support of the Commonwealth of Massachusetts.
Jonathan M. Ettinger, with whom Elisabeth M. DeLisle and Foley Hoag LLP were on brief, for appellant in No. 06-2362.
Philip N. Beauregard and Jane Medeiros Friedman on brief for the Towns of Bourne, Fairhaven, Falmouth, Gosnold, Marion, and Westport, and the City of New Bedford, amici curiae in support of the Commonwealth of Massachusetts and the Coalition for Buzzards Bay.
Susan M. Reid on brief for the Conservation Law Foundation, amicus curiae in support of appellants.
Mark B. Stern, Attorney, Civil Division Appellate Staff, with whom Alisa B. Klein, Attorney, Civil Division Appellate Staff, Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Jonathan F. Cohn, Deputy Assistant Attorney General, were on brief, for appellee United States.
C. Jonathan Benner, with whom Jeffrey Orenstein and Troutman Sanders LLP were on brief, for appellees American Waterways Operators, International Association of Independent Tanker Owners, BIMCO, and Chamber of Shipping of America.
Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.
United States Court of Appeals, First Circuit.
LYNCH, Circuit Judge.
The states and the federal government have ongoing conflicts about the adequacy of federal laws protecting against maritime oil spills. Several states, including Massachusetts, have passed laws to protect particularly sensitive waterways. The framework for analyzing such conflicts derives from the several preemption analyses set forth in United States v. Locke,529 U.S. 89, 120 S.Ct. 1135, 146 L.Ed.2d 69...
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