Portland Pipe Line Corp. v. City of South PortlandAnnotate this Case
The Supreme Court answered two of three questions of state law certified by the United States Court of Appeals for the First Circuit and declined to answer the second question in this case brought about by the City of South Portland's amendment to its zoning ordinance by prohibiting the bulk loading of crude oil onto any marine vessel.
Portland Pipe Line Corporation (PPLC) planned to pipe crude oil from its facility in Canada to the City of South Portland, where the oil would then be loaded onto tankers in the City's harbor. After the City enacted its ordinance at issue, called the "Clear Skies Ordinance," PPLC and American Waterways Operators (collectively, PPLC) filed a complaint seeking a declaration that, inter alia, the Ordinance was preempted by Me. Rev. Stat. 38, 556. The federal district court entered summary judgment against PPLC. On appeal, the First Circuit certified questions of state law to the Supreme Court. The Supreme Court held (1) PPLC's license was not an "order," as that term is used in Me. Rev. Stat. 38, 556; and (2) independent of section 556, there was no basis for finding that Maine's Coastal Conveyance Act impliedly preempts the City's Clear Skies Ordinance.