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The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Courtdecision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets.
The Second Circuit also distinguished the Connecticut program from a Maryland regulatory scheme that the U.S. Supreme Court determined was preempted in Hughes v. Ward freely admits he closed an emergency valve on a tar sands pipeline to prevent harm to the climate, as part of a coordinated action in four states.…
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