Pacific Merchant Shipping Association v. Goldstene
Petition for certiorari denied on June 25, 2012.
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.
Recommended Citation: Pacific Merchant Shipping Association v. Goldstene, SCOTUSblog, https://www.scotusblog.com/cases/pacific-merchant-shipping-association-v-goldstene/