RECENT FEDERAL DECISIONS

April 2008

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Ninth Circuit Holds Clean Air Act Preempts California’s Marine Vessel Rules
Pacific Merchant Shipping Association v. Goldstene, ___F.3d___

Plaintiff filed suit to enjoin the enforcement of the Marine Vessel Rules by the California Air Resources Board, arguing that the Marine Vessel Rules are preempted by the Clean Air Act and the Submerged Lands Act. The District Court for the Eastern District of California ruled that the Marine Vessel Rules were preempted by the Clean Air Act. The Ninth Circuit Court of Appeals affirmed the ruling of the District Court and reinstated the court injunction against enforcement of the Marine Vessel Rules.