Municipalities May Regulate the Local Impacts of Pipelines Without Violating the Commerce Clause

Foley Hoag LLP - Environmental Law
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Foley Hoag LLP - Environmental Law

On Friday, August 24, 2018, Judge John Woodcock held that an ordinance enacted by the City of South Portland, Maine, that prohibited loading crude oil from a pipeline terminating in South Portland onto tankers in South Portland Harbor, in order to prevent certain adverse local impacts, did not violate the Constitution’s Commerce Clause.  It’s potentially a very important decision in this area.  Congratulations to my partner Jonathan Ettinger and our entire team that worked on the case.  You can read more about it here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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