Legal Opinion
Shell Oil Company, a Delaware Corp., Plaintiff-Appellant-Cross-Appellee v. City of Santa Monica, a Municipal Corp., Defendant-Appellee-Cross-Appellant
Court of Appeals for the Ninth Circuit
Decided October 21, 1987No. 86-6103, 86-6206PublishedCited by 25 opinions
1Opinion of the Court
NELSON, Circuit Judge:
Shell Oil Company appeals from a grant of summary judgment holding (1) that the City of Santa Monica is exempt from the dormant commerce clause under the market participant doctrine in its setting of a franchise fee for an oil pipeline traversing the city and (2) that the state constitution does not bar the fee. Santa Monica cross-appeals from a grant of summary judgment holding that the Hazardous Liquid Pipeline Safety Act, 49 U.S.C.A. §§ 2001-2014 (Supp.1987), preempts Santa Monica from imposing any safety standards in an intrastate pipeline franchise agreement. We…
2Cases cited48 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Buckley v. ValeoSupreme Court of the United States · 1976
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
43 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Gsw, Inc., F/k/a Allsafe Waste Management, Inc. v. Long County, GeorgiaCourt of Appeals for the Eleventh Circuit · 1993
- Olympic Pipe Line Company, a Delaware Corporation v. City of Seattle, a Washington Municipal CorporationCourt of Appeals for the Ninth Circuit · 2006
- Tocher v. City of Santa AnaCourt of Appeals for the Ninth Circuit · 2000
- Western Oil & Gas Ass'n v. Sonoma CountyCourt of Appeals for the Ninth Circuit · 1990
- City of Portland v. United StatesCourt of Appeals for the Ninth Circuit · 2020
20 more not listed; retrieve them via the Exa API.