1st Circ. Looks To Maine Courts In City's Oil Export Ban Fight

By Keith Goldberg (January 10, 2020, 6:23 PM EST) -- The First Circuit on Friday said Maine's highest court must weigh in on whether a city's ordinance preventing the export and bulk loading of Canadian crude oil from its waterfront is preempted by state law before the federal appeals court can determine whether the ordinance is federally preempted.

Saying that it needs to "sidestep the federal quagmire for the moment," a First Circuit panel certified a trio of questions for Maine's Supreme Judicial Court, which sits as the Law Court, regarding the legality of South Portland, Maine's Clear Skies Ordinance, which has been challenged by Portland Pipe Line Corp.

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