Pacific Merchant Shipping Association v Goldstene - US Court of Appeals (9th Circuit)(Cowen, Tashima and Silverman Ct JJ) - 28 March 2011

(2011) 821 LMLN 2(2)

Conflict of laws - California enacting regulations requiring use of clean marine fuels by vessels operating within 24 miles of California - Plaintiff challenging regulations on constitutional grounds - Whether regulations invalidated by US federal law - Whether plaintiff entitled to summary judgment

On 16 April 2009 the State of California introduced fuel use regulations (“the Vessel Fuel Rules”) the purpose of which was to reduce air pollutants affecting the state of California by requiring ocean-going vessels to use cleaner marine fuels. The Vessel Fuel Rules applied to vessels operating within 24 nautical miles off the California coastline, an area encompassing 14,000 square miles of ocean beyond the three-mile coastal zone. They only covered vessels calling at a California port, and there was an exemption for vessels simply travelling through the region. The regulations were to take effect on 1 July 2009.