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Justia Daily Opinion Summaries

US Court of Appeals for the First Circuit
January 13, 2020

Table of Contents

Portland Pipe Line Corp. v. City of South Portland

Constitutional Law, Energy, Oil & Gas Law, Zoning, Planning & Land Use

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US Court of Appeals for the First Circuit Opinions

Portland Pipe Line Corp. v. City of South Portland

Docket: 18-2118

Opinion Date: January 10, 2020

Judge: Per Curiam

Areas of Law: Constitutional Law, Energy, Oil & Gas Law, Zoning, Planning & Land Use

In this case involving a dispute between Portland Pipe Line Corporation (PPLC) and the City of South Portland (the City) the First Circuit certified three questions to the Maine Law Court because this clash raised important questions of state law preemption doctrine and statutory interpretation that are unresolved and may prove dispositive. The parties to this dispute were PPLC, a Maine corporation engaged in the international transportation of oil, and the City, which enacted a municipal zoning ordinance prohibiting the bulk loading of crude oil onto vessels in the City's harbor. The ordinance prevented PPLC from using its infrastructure to transport oil from Montreal to South Portland via underground pipelines. PPLC appealed the district court's dismissal of its claims, arguing that the ordinance was preempted by Maine's Coastal Conveyance Act and was in conflict with federal constitutional law. The First Circuit declined to address the federal questions, concluding that the case lacked controlling precedent and presented difficult legal issues that warranted certification to the Law Court.

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