Legal Opinion
Fitzgerald v. Harris
Court of Appeals for the First Circuit
Decided December 5, 2008No. 08-1306PublishedCited by 43 opinions
1Opinion of the Court
LYNCH, Chief Judge.
This case raises the issue of whether a Maine statute governing the management of a state-administered river, the Allagash Wilderness Waterway (“AWW”), Me.Rev. Stat. Ann. tit. 12, § 1882, is preempted by certain sections of a federal statute, the Wild and Scenic Rivers Act (“WSRA”), 16 U.S.C. § 1271 et seq.
Plaintiffs Charles FitzGerald and Kenneth Cline (collectively “FitzGerald”) are avid canoeists who sued Willard R. Harris, Director of the Maine Bureau of Parks and Lands, seeking a declaration that the Maine statute is preempted by federal law, as well as injunctive…
2Cases cited15 opinions
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3Cited by43 opinions
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