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Citation: 2008 U.S. App. LEXIS 4171

1. Pac. Merch. Shipping Ass'n v. Goldstene, No. 07-16695, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2008, Argued and Submitted, San Francisco, California, February 27, 2008, Filed

OVERVIEW: Section 209(e)(2) of the Clean Air Act, 42 U.S.C.S. § 7543(e)(2), preempted the Marine Vessel Rules and required California to obtain EPA authorization prior to enforcement because the Rules were emissions standards that required that engines not emit more than a certain amount of a given pollutant.


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