United States First Circuit

In an action by plaintiff-canoeists against director of the Main Bureau of Parks and Lands seeking declaration that state statute governing management of state-administered river was preempted by federal law, grant of motion to dismiss is affirmed where: 1) the clear text of the federal statute, Wild and Scenic Rivers Act (WSRA), recognizes state authority over state-administered wild rivers; and 2) because both the National Park Service (NPS) and the Army Corps of Engineers (ACE) approved the state's plans for the construction of the bridge, it could not be said that the Maine statute authorizing the permanent bridges over the river was preempted by federal agency action.

Appellate Information

• Decided 12/05/2008
• Published 12/05/2008

Judges

Court

• United States First Circuit

Counsel