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Judges uphold California's offshore ship emissions rules
Sacramento Bee ^ | 3/29/11 | Denny Walsh

Posted on 03/29/2011 8:19:46 AM PDT by SmithL

The merchant shipping industry has failed a second time to short-circuit California's effort to combat the toll on the health of its population from air pollution caused by oceangoing vessels.

The industry is contesting California's authority to regulate fuel used by seagoing vessels up to 24 miles off its coast.

The Air Resources Board estimates the vessels' emissions of particulate matter cause 300 premature deaths across the state every year.

California mandates that ships "use cleaner marine fuels in diesel and diesel-electric engines, main propulsion engines, and auxiliary boilers" while operating far beyond the traditional three-mile jurisdictional limit. The Pacific Merchant Shipping Association, in a lawsuit closely watched by states on both coasts, argues that federal statutes and the U.S. Constitution preempt those state rules.

The association asked U.S. District Judge Morrison C. England Jr. to summarily invalidate the rules adopted by the ARB in 2009.

England refused, and the association took its case to the 9th U.S. Circuit Court of Appeals. On Monday, a three-judge appellate panel upheld England and sent the case back to Sacramento for trial.

In their 45-page opinion, the judges acknowledged as unusual both California's Vessel Fuel Rules and the environmental problems they are intended to address.

(Excerpt) Read more at sacbee.com ...


TOPICS: Business/Economy; Government; US: California
KEYWORDS: 9thcircuit; 9thcircus; arb; awallacetashima; barrygsilverman; carb; goldenstate; morrisoncengland; pollution; puntacolonet; robertecowen; shipping; yourtaxdollarsatwork

1 posted on 03/29/2011 8:19:50 AM PDT by SmithL
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Cowen, Robert E.
Born 1930 in Newark, NJ

Federal Judicial Service:
Judge, U. S. District Court, District of New Jersey
Nominated by Ronald Reagan on October 7, 1985, to a new seat created by 98 Stat. 333; Confirmed by the Senate on November 1, 1985, and received commission on November 4, 1985. Service terminated on November 16, 1987, due to appointment to another judicial position.

Judge, U. S. Court of Appeals for the Third Circuit
Nominated by Ronald Reagan on August 7, 1987, to a seat vacated by James Hunter, III; Confirmed by the Senate on November 6, 1987, and received commission on November 9, 1987. Assumed senior status on September 4, 1998.

U.S. Magistrate, U.S. District Court for the District of New Jersey, 1978-1985

Education:
Drake University, B.S., 1952
Rutgers University School of Law, LL.B., 1958

Professional Career:
Law clerk, Hon. Walter Conklin, Superior Court of New Jersey, 1958-1959
Private practice, Newark, New Jersey, 1959-1969
Assistant county prosecutor, Essex County Prosecutor's Office, New Jersey, 1969-1970
Deputy state attorney general, Office of the State Attorney General, New Jersey, 1970-1973
Director, Ethics and Professional Services, Administrative Office of the U.S. Courts, State of New Jersey, 1973-1978

2 posted on 03/29/2011 8:20:24 AM PDT by SmithL (No one puts the func in dysfunctional like the California Legislature)
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To: SmithL

Cool. When the Russian Navy has a cruiser operating in international waters (12 nautical miles out) the California enviroweenies are on their own if they want to go write the Russians a ticket.


3 posted on 03/29/2011 8:21:24 AM PDT by MeganC (NO WAR FOR OIL! ........except when a Democrat's in charge.)
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To: SmithL

“...California’s effort to combat the toll on the health of its population...”

Hey, Sac Bee - where are the numbers to back that up?

And I want numbers from real scientists - not the hacks that apparently have taken over your Godforsaken state.


4 posted on 03/29/2011 8:22:18 AM PDT by Da Coyote
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To: SmithL

Then ocean going vessels should stay the hell out of California ports and ocean waters. Let them starve to death.


5 posted on 03/29/2011 8:22:46 AM PDT by sport
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To: SmithL

I know I am not smart, but it would seem to me the easiestway to combat this problem is to stop shipping to California.

Of course the way I would have stopped the california emission for cars would have been to stop selling cars to California too.

I am sure by now California would have seen the light, but as long as the shipping people put up with California’s crap, California will continue to toss it at them.


6 posted on 03/29/2011 8:24:06 AM PDT by Venturer
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To: SmithL

the 9th circus needs to have remedial law school education.

Admiralty law is an issue that is one of the first USSC cases. States can’t set up seperate rules.


7 posted on 03/29/2011 8:25:04 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SmithL

they must call this the Seattle-Tacoma Longshoremans Full Employment Act of 2010...


8 posted on 03/29/2011 8:28:51 AM PDT by Buckeye McFrog
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To: SmithL

Here’s the answer: if the dang greenies are intent on shutting down traffic in California’s harbors, OBLIGE THEM. Take shipping somewhere else. Oregon and Washington have ports that don’t have this stupid rules. USE THEM.


9 posted on 03/29/2011 8:29:26 AM PDT by backwoods-engineer (Any politician who holds that the state accords rights is an oathbreaker and an "enemy... domestic.")
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To: SmithL

I would question the wisdom of any company which has assets in California, considering that California would tax them to death and require any transportation of goods to be delayed by one year. That being said, it is unfortunate that California is in the way of just about any trade route a person could comprehend. My solution is to make a sanctuary state on the Left Coast in which goods can move through unimpeded until we can outlaw environmental sanctions. I’d target the area south of L.A. for a sanctuary state, as that area has weaker liberal opposition and is along a major trade route.


10 posted on 03/29/2011 8:30:41 AM PDT by Objective Scrutator (Liberals will kill your family if they are keeping a Democrat from a Congressional seat)
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To: SmithL
The Air Resources Board estimates the vessels' emissions of particulate matter cause 300 premature deaths across the state every year.

This is a pile of BS. Estimates? Damn fools. The only estimate this bunch of idiots is if the water is wet. Another destruction of business in California.

11 posted on 03/29/2011 8:31:33 AM PDT by Logical me
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To: SmithL
The Air Resources Board estimates the vessels' emissions of particulate matter cause 300 premature deaths across the state every year.

This is a pile of BS. Estimates? Damn fools. The only estimate this bunch of idiots is if the water is wet. Another destruction of business in California.

12 posted on 03/29/2011 8:31:45 AM PDT by Logical me
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To: SmithL

All of those large ships should just stay 100 miles off shore and just cruise right past CA and make their stops at OR and WA where they can drop their cargo.

If the Leftists desire this badly to drive business away from their State of Insanity then I say let them!


13 posted on 03/29/2011 8:40:14 AM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: SmithL

“The Air Resources Board estimates the vessels’ emissions of particulate matter cause 300 premature deaths across the state every year. “

More data derived rectally.


14 posted on 03/29/2011 8:44:50 AM PDT by headstamp 2 (The most dangerous place on the face of the earth is between a liberal and their money.)
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To: sport

FYI: This is happening already, the NEW PORT in MExico (Baja) will be opened next year I think, there will be NO MORE FREIGHTERS COMING TO CALIFORNIA when it opens. Done Deal already.


15 posted on 03/29/2011 8:45:41 AM PDT by eyeamok
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To: Venturer

“I know I am not smart, but it would seem to me the easiest way to combat this problem is to stop shipping to California.”

Yep, this will move along plans to ship directly to Mexican ports. These idiots will not be happy until everybody is out of work. And I mean everybody.


16 posted on 03/29/2011 8:47:15 AM PDT by headstamp 2 (The most dangerous place on the face of the earth is between a liberal and their money.)
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To: SmithL

Judicial, Regulatory and Legislative Insanity. Death of a Nation by Psychosis.

Unfortunately that messy part about “all enemies, foreign and domestic” is probably going to become a reality in my lifetime.


17 posted on 03/29/2011 8:51:48 AM PDT by mo ("If you understand, no explanation is needed; if you do not, no explanation is possible")
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To: headstamp 2

That is the plan. That is what obama was elected for and to do. Every son of a bitch that voted for him was anis an America hater and traitor. There was not the first individual fooled into voting for him. Each individual knew why they were voting for him to do for them. Some it was for him to steal from the producers and give to them, others voted for him so that he would destroy the United States.


18 posted on 03/29/2011 8:59:33 AM PDT by sport
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To: sport

“Then ocean going vessels should stay the hell out of California ports and ocean waters.”

Ultimately that’s what’s going to happen. The entire Port system will fall from Long Beach, Los Angeles, to San Francisco, Oakland as everything will be routed soon to Mexico.

The United States will become the Third World the Socialists are, and have been working to make it become.

We were just too powerful, and it was just so unfair./s


19 posted on 03/29/2011 9:06:28 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: SmithL
The Air Resources Board estimates the vessels' emissions of particulate matter cause 300 premature deaths across the state every year.

How many premature deaths are caused by the gay lifestyle? It's encouraged in California.

20 posted on 03/29/2011 9:07:11 AM PDT by hattend (Obama got his 3am call about Egypt. The call went right to the answering machine.- Sarah Palin)
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To: rockinqsranch

Yep! That is the plan. And the sheep are going along with it. I don’t understand it, but, I suppose I don’t have to.


21 posted on 03/29/2011 9:09:40 AM PDT by sport
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To: SmithL

Kalifornistan brings its troubles on itself. I was out there a couple of years ago at the ano neuvo elephant seal rookery. The guide mentioned that a rich person had sailed his sailboat too close and gotten stuck on the rocks. At that point one of the couples in the tour cheered - presumable solely because someone rich had problems. I somewhat loudly mumbled “what a pair of asshole losers.” But I got the wifely elbow and was unable to continue my thought outloud. I noticed the same couple leaving in a several year old toyota with california plates. so they were natives.


22 posted on 03/29/2011 9:19:36 AM PDT by from occupied ga (Your most dangerous enemy is your own government,)
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To: SmithL

This and the longshoreman are the reason the Mexicans are building a deep water port in Punta Colonet, Mexico.

http://seaport.homestead.com/files/colonet.html


23 posted on 03/29/2011 9:24:53 AM PDT by US_MilitaryRules (Where is our military?)
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To: headstamp 2

I am pretty sure that once the shipping stopped,SOMEBODY out there would see the error of their ways.


24 posted on 03/29/2011 1:16:15 PM PDT by Venturer
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