Pacific Merchant Shipping Association v. GoldstenePetition 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.