Petition of the day
Today’s “Petition of the day” is:
Pacific Merchant Shipping Association v. Goldstene
Issue(s): (1) Whether the Commerce Clause and the Supremacy Clause prohibit California's extraterritorial exercise of its police powers to require the use of specified low-sulfur fuels on foreign- and U.S.-flagged vessels engaged in foreign and interstate commerce while these ships are on the high seas; and (2) whether, by establishing the measure of California's seaward boundary at three geographical miles distant from its coast line, the Submerged Lands Act preempts California's regulations that require foreign- and U.S.-flagged vessels engaged in international and interstate commerce to use specified low-sulfur fuels while those ships are navigating outside of the state's three-mile seaward territorial boundary so established.
Certiorari stage documents:
- Opinion below (9th Cir.)
- Petition for certiorari
- Brief in opposition
- Amicus brief of the Maritime Law Association of the United States
- Amicus brief of the World Shipping Council et al.
- Reply of petitioner
- Supplemental brief of petitioner
- Invited: October 3, 2011
- Filed: May 25, 2012 (Deny)
Recommended Citation: Joshua Matz, Petition of the day, SCOTUSblog (Jul. 29, 2011, 8:28 AM), http://www.scotusblog.com/2011/07/petition-of-the-day-153/