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Editor's Note :

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Pacific Merchant Shipping Association v. Goldstene

Petition for certiorari denied on June 25, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
10-1555 9th Cir. N/A N/A N/A N/A OT 2011

Issue: (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.

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