(Download) "Constitutional Law - First Circuit Vacates Preemption Finding Relating to Three Massachusetts Oil Spill Prevention Act Provisions." by Suffolk University Law Review " eBook PDF Kindle ePub Free
eBook details
- Title: Constitutional Law - First Circuit Vacates Preemption Finding Relating to Three Massachusetts Oil Spill Prevention Act Provisions.
- Author : Suffolk University Law Review
- Release Date : January 22, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 277 KB
Description
Constitutional Law--First Circuit Vacates Preemption Finding Relating to Three Massachusetts Oil Spill Prevention Act Provisions--United States v. Massachusetts, 493 F.3d 1 (1st Cir. 2007) Federalism is "[t]he legal relationship and distribution of power between the national and regional governments...." (1) When state and federal laws conflict, the court will conduct a preemption analysis to determine whether an injunction of the state law is in order. (2) In United States v. Massachusetts, (3) the First Circuit considered whether the federal Port and Waterways Safety Act (PWSA) preempted the Massachusetts Oil Spill Prevention Act (MOSPA). (4) After the district court dismissed the action on the pleadings, the First Circuit vacated and remanded, holding that further analysis was necessary. (5)
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