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U.S. v. COMMONWEALTH OF MASS.

Civil Action No. 05-10112-DPW.

724 F.Supp.2d 170 (2010)

UNITED STATES of America, Plaintiff, The American Waterways Operators, et al., Intervenor-Plaintiffs, v. COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Coalition for Buzzards Bay, Intervenor-Defendant.

United States District Court, D. Massachusetts.

March 31, 2010.

Attorney(s) appearing for the Case

C. Jonathan Benner, Reed Smith LLP, Sean T. Connaughton, Troutman Sanders LLP, Washington, DC, George J. Skelly, Nixon Peabody LLP, Boston, MA, for Intervener Plaintiff.

Joshua E. Gardner, United States Department of Justice, Washington, DC, for Plaintiff.

Pierce O. Cray, Seth Schofield, Attorney General's Office, One Ashburton Place Boston, MA, for Defendants.

Jonathan M. Ettinger, Foley Hoag LLP, Boston, MA, Philip N. Beauregard, Beauregard, Burke & Franco, New Bedford, MA, for Intervenor-Defendant.

MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

This case, arising from a catastrophic oil spill in Buzzards Bay in 2003, concerns whether aspects of the Commonwealth of Massachusetts Oil Spill Prevention Act ("MOSPA") must give way to the federal Ports and Waterways Safety Act of 1972, as amended ("PWSA"). Throughout the travel of the case, the Commonwealth's fortunes in this litigation—by which the United States seeks to establish...

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