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Pacific Merchant Shipping Association v. Goldstene

Filing Date: 2009
Case Categories:
Principal Laws:
Clean Air Act (CAA)
Description: Challenge to CARB’s rules requiring vessels traveling within 24 miles of coastline to switch to low-sulfur fuels.
  • Pacific Merchant Shipping Association v. Goldstene
    Docket number(s): 09-17765
    Court/Admin Entity: 9th Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/28/2011 Opinion Download Opinion upholding rules issued. The Ninth Circuit upheld California rules requiring oceangoing vessels traveling within 24 miles of the state’s coastline to switch to low-sulfur fuels, rejecting the shipping industry’s argument that the state lacked legal authority to impose the rules on vessels outside of its three-mile coastal jurisdiction.  Affirming the district court, the circuit court held that the plaintiff failed to establish that the Submerged Lands Act preempts the state rules.  In a previous decision in 2008 (Pacific Merchant Shipping Association v. Goldstene (9th Cir. 2008)), the Ninth Circuit held that the state could not enforce a rule that established emissions standards for auxiliary engines that oceangoing vessels use for producing steam and heating water and heavy fuel oil without a waiver under the Clean Air Act.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.