RECENT FEDERAL DECISIONS

May 2011

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Ninth Circuit Finds California’s Regulations of Maritime Fuel Usage Is Not Preempted by Federal Submerged Lands Act
Pacific Merchant Shipping Association v. Goldstene, ___F.3d___

The Ninth Circuit Court of Appeals determined that California’s Vessel Fuel Rules were not preempted by the federal Submerged Lands Act and that individual states may designate their own fuel emission standards. Pacific Merchant filed suit against James Goldstene, executive officer of the California Air Resources Board, claiming that the California fuel use regulations violated federal statutes and the U.S. Constitution. The maritime company sought a declaration that the Vessel Fuel Rules were preempted by the federal Submerged Lands Act (43 U.S.C.