Cherry Hill Vineyard, LLC v. Baldacci

SELYA, Senior Circuit Judge.

This appeal calls upon us to assess Maine’s decision to allow small wineries to operate partially outside the usual strictures of the State’s alcohol control laws. The plaintiffs challenge this decision on the ground that it constitutes impermissible favoritism in violation of the dormant commerce clause. The district court found the challenge wanting.

While the central principles on which the dormant commerce clause operates are well-developed, gray areas exist around the edges. We believe that Maine’s exception for small wineries falls within one of these gray…