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.https://leagle.com/images/logo.png
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.
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.
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.
Per Curiam.
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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