Pacific Merchant Shipping Ass'n v. Goldstene

OPINION

COWEN, Circuit Judge:

In this interlocutory appeal, Plaintiff Pacific Merchant Shipping Association (“PMSA”) appeals from the District Court’s denial of its motion for summary judgment in its action against Defendant James Goldstene, the Executive Officer of the California Air Resources Board (“CARB”). PMSA has challenged, on federal statutory and constitutional grounds, California fuel use regulations (known as the “Vessel Fuel Rules”) insofar as they purport to apply to sea-going vessels located more than 3 miles from the California coast. We will affirm.

I

On April 16, 2009, CARB…