FITZGERALD v. HARRIS

No. 08-1306.

549 F.3d 46 (2008)

Charles FITZGERALD; Kenneth Cline, Plaintiffs, Appellants, v. Willard R. HARRIS, Jr., in his capacity as Director of the Maine Bureau of Parks and Lands, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 5, 2008.


Attorney(s) appearing for the Case

David A. Nicholas with whom Bruce M. Merrill was on brief for appellants.

Paul Stern, Deputy Attorney General, with whom G. Steven Rowe, Attorney General, and Gerald D. Reid, Assistant Attorney General, were on brief for appellee.

Before LYNCH, Chief Judge, SELYA and BOUDIN, Circuit Judges.


LYNCH, Chief Judge.

This case raises the issue of whether a Maine statute governing the management of a state-administered river, the Allagash Wilderness Waterway ("AWW"), Me.Rev. Stat. Ann. tit. 12, § 1882, is preempted by certain sections of a federal statute, the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.C. § 1271 et seq.

Plaintiffs Charles FitzGerald and Kenneth Cline (collectively "FitzGerald") are...

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