A federal judge this week denied a motion by the City of South Portland to dismiss a lawsuit brought by the oil industry against its local Clear Skies Ordinance.
The ordinance was passed by the City Council in 2014 at the urging of local residents. Portland Pipe Line Corp., which operates a pipeline that runs from South Portland to Montreal, claims the ordinance interferes with interstate trade and makes the pipeline obsolete because it prohibits the loading of crude oil into tankers on the waterfront.
Sean Mahoney of the Conservation Law Foundation says he’s disappointed that U.S. District Judge John Woodcock declined to dismiss the company’s lawsuit, but he says he’s confident the merits of the ordinance will be upheld when they are considered.
“We feel like the city of South Portland was totally within its rights as a municipality to pass the Clear Skies Ordinance to protect its people,” Mahoney says.
The city passed the ordinance because it was concerned about air pollution associated with crude oil. The judge’s decision means the pipeline company’s lawsuit can now proceed.
