PORTLAND PIPE LINE CORP. v. SOUTH PORTLAND

Docket: Fed-20-40.

240 A.3d 364 (2020)

2020 ME 125

PORTLAND PIPE LINE CORPORATION et al. v. CITY OF SOUTH PORTLAND et al.

Supreme Judicial Court of Maine.

Decided: October 29, 2020.


Attorney(s) appearing for the Case

John J. Aromando, Esq. , Matthew D. Manahan, Esq. , and Nolan L. Reichl, Esq. (orally), Pierce Atwood LLP, Portland, for appellants Portland Pipe Line Corporation and American Waterways Operators.

Sally J. Daggett, Esq. , Jensen Baird Gardner & Henry, Portland, and Jonathan M. Ettinger, Esq. (orally), Euripides Dalmanieras, Esq. , and Jesse H. Alderman, Esq. , Foley Hoag LLP, Boston, Massachusetts, for appellees City of South Portland and Matthew LeConte.

Patrick Strawbridge, Esq. , Consovoy McCarthy PLLC, Boston, Massachusetts, for amici curiae Chamber of Commerce of the United States of America, Portland Pilots, Inc., Maine Energy Marketers Association, Associated General Contractors of Maine, and Association of Oil Pipe Lines.

Aaron M. Frey , Attorney General, and Laura E. Jensen , Asst. Atty. Gen., Office of the Attorney General, Augusta, for amicus curiae State of Maine.

Susanne F. Pilgrim, Esq. , Maine Municipal Association, Augusta, and Sarah J. Fox, Esq. , Northern Illinois University College of Law, DeKalb, Illinois, for amici curiae International Municipal Lawyers Association, Sara Bronin, Nestor Davidson, Keith Hirokawa, Ashira Ostrow, Dave Owen, Laurie Reynolds, Jonathan Rosenbloom, and Sarah Schindler.

Sean Mahoney, Esq. and Phelps Turner, Esq. , Conservation Law Foundation, Portland for amici curiae Conservation Law Foundation and Protect South Portland.

Panel: MEAD, GORMAN, JABAR, HUMPHREY, and HORTON, JJ.


[¶1] Portland Pipe Line Corporation's (PPLC's) plan to pipe crude oil from its facility in Canada to the City of South Portland, where it then would be loaded onto tankers in the City's harbor, was thwarted when the City enacted a "Clear Skies Ordinance," amending the City's zoning ordinance by prohibiting the "[b]ulk loading of crude...

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