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• Title: Norfolk Southern Corp. v. Oberly
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 09, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

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BEFORE: HIGGINBOTHAM and STAPLETON, Circuit Judges, and CONABOY, District Judge* Opinion OF THE COURT STAPLETON, Circuit Judge. Appellants, six co-venturers who seek to initiate a coal lightering service in Delaware Bay, claim that § 7003 of the Delaware Coastal Zone Act (CZA), which bans bulk produce 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 contend that the CZA does not offend the Commerce Clause. The district court granted summary judgment for appellees on the basis of consent. Norfolk Southern Corp. v. Oberly, 632 F. Supp. 1225 (D. Del. 1986).

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