PORTLAND PIPE LINE CORP. v. CITY OF SOUTH PORTLAND

No. 18-2118.

947 F.3d 11 (2020)

PORTLAND PIPE LINE CORPORATION; The American Waterways Operators, Plaintiffs, Appellants, v. CITY OF SOUTH PORTLAND; Matthew Leconte, in his official capacity as Code Enforcement Director of South Portland, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 10, 2020.


Attorney(s) appearing for the Case

Catherine R. Connors , with whom John J. Aromando , Matthew D. Manahan , Nolan L. Reichl , and Pierce Atwood LLP, Portland, ME, were on brief, for appellants.

Jonathan M. Ettinger , with whom Euripides Dalmanieras , Jesse H. Alderman , Foley Hoag LLP, Boston, MA, Sally J. Daggett , and Jensen Baird Gardner & Henry, Portland, ME, were on brief, for appellees.

David H. Coburn , Joshua H. Runyan , Washington, DC, and Steptoe & Johnson LLP were on brief, for American Fuel & Petrochemical Manufacturers, American Petroleum Institute, Association of Oil Pipe Lines, International Liquid Terminals Association, National Association of Manufacturers, and National Mining Association, amici curiae.

Twain Braden and Thompson Bowie & Hatch, LLC, Portland, ME, were on brief, for Portland Pilots, Inc., Maine Energy Marketers Association, and Associated General Contractors of Maine, amici curiae.

Samuel D. Adkisson , Patrick Strawbridge , Consovoy McCarthy Park PLLC, Steven P. Lehotsky , Michael B. Schon , and U.S. Chamber Litigation Center were on brief, for U.S. Chamber of Commerce, amicus curiae.

Maura Healey , Attorney General for the Commonwealth of Massachusetts, Seth Schofield , Senior Appellate Counsel, Turner Smith , Assistant Attorney General, and Office of the Attorney General of Massachusetts were on brief, for Massachusetts, California, Connecticut, Delaware, Maine, Maryland, Minnesota, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia, amici curiae.

Sarah J. Fox , Northern Illinois University College of Law, Lisa C. Goodheart , William L. Boesch , C. Dylan Sanders , and Sugarman Rogers Barshak & Cohen, P.C., Boston, MA, were on brief, for International Municipal Lawyers Association and Legal Scholars, amicus curiae.

Sean Mahoney , Conservation Law Foundation, Jan E. Hasselman , Seattle, WA, Earth Justice, Kenneth J. Rumelt , and Vermont Law School were on brief, for Conservation Law Foundation, Natural Resources Council of Maine, and Protect South Portland, amici curiae.

Before Torruella, Thompson, and Barron, Circuit Judges.


This case involves a clash between Portland Pipe Line Corporation ("PPLC"), a Maine corporation engaged in the international transportation of oil, and the City of South Portland (the "City"), which enacted a municipal zoning ordinance prohibiting the bulk loading of crude oil onto vessels in the City's harbor. The practical effect of the ordinance...

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