Legal Opinion
Norfolk Southern Corp. v. Oberly
Court of Appeals for the Third Circuit
Decided June 30, 1987No. 86-5322PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge.
Appellants, six co-venturers seeking to initiate a coal lightering service in Delaware Bay, claim that § 7003 of the Delaware Coastal Zone Act (CZA), which bans bulk product transfer facilities in Delaware’s coastal zone, violates the dormant Commerce Clause. Appellees, two Delaware officials and five intervenors, argue that the federal Coastal Zone Management Act (CZMA), under which the § 7003 ban has been approved, constitutes Congressional consent for the ban, immunizing it from dormant Commerce Clause scrutiny. In the alternative, appellees…
2Cases cited35 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981
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3Cited by50 opinions
- National Paint & Coatings Association v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1995
- Old Bridge Chemicals, Inc. v. New Jersey Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 1992
- Atlantic Coast Demolition & Recycling, Inc. v. Board Of Chosen Freeholders Of Atlantic CountyCourt of Appeals for the Third Circuit · 1995
- Harvey & Harvey, Inc. v. County of Chester Pennsylvania Department of Environmental Resources Chester County Solid Waste Authority Southeastern Chester County Refuse Authority. Tri-County Industries, Inc. v. County of Mercer Pennsylvania Mercer County Solid Waste Authority Commonwealth of Pennsylvania, Department of Environmental Resources the County of Mercer, Pennsylvania the Mercer County Solid Waste Authority and Commonwealth of Pennsylvania, Department of Environmental ResourcesCourt of Appeals for the Third Circuit · 1995
- Cavel International, Inc. v. MadiganCourt of Appeals for the Seventh Circuit · 2007
45 more not listed; retrieve them via the Exa API.