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MAINE FOREST PRODUCTS COUNCIL v. CORMIER

No. 22-1198.

51 F.4th 1 (2022)

MAINE FOREST PRODUCTS COUNCIL, Pepin Lumber, Inc., and Stéphane Audet, Plaintiffs, Appellees, v. Patty CORMIER, in her official capacity as Director of the Maine Bureau of Forestry, and Aaron Frey, in his official capacity as Attorney General for the State of Maine, Defendants, Appellants.

United States Court of Appeals, First Circuit.

October 12, 2022.

Attorney(s) appearing for the Case

Jason D. Anton , Assistant Attorney General, with whom Aaron M. Frey , Attorney General, Thomas A. Knowlton , Deputy Attorney General, Chief, Litigation Division, and Sarah E. Coleman , Assistant Attorney General, were on brief, for appellants.

Nolan L. Reichl , with whom Joshua D. Dunlap , Kellie MacDonald , and Pierce Atwood LLP, were on brief, for appellees.

Before Barron, Chief Judge, Selya and Howard, Circuit Judges.

This appeal requires us to consider whether federal law preempts a Maine law fashioned to prevent Canadian truck drivers from hauling logs within the state under the auspices of the federal H-2A visa program. Finding that the plaintiffs were likely to succeed in their challenge and that the equities counseled in their favor...

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