United States Ninth Circuit
UFO Chuting of Hawaii, Inc. v. Smith, 05-16545
In a suit brought by the operator of a commercial parasailing business in Hawaii challenging state law limiting its operations, summary judgment for the state is affirmed as plaintiff's right to operate vessels under its federal maritime coasting licenses does not preempt Hawaii law prohibiting parasailing off the coast of Maui during limited portions of the year to protect mating humpback whales.
Appellate Information
- Argued 06/06/2007
- Decided 11/28/2007
- Published 11/28/2007
Judges
- TALLMAN, Circuit Judge:, Before: DAVID R. THOMPSON, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Dennis Niles, Paul, Johnson, Park & Niles, Wailuku, HI, for the plaintiffs-appellants.
- For Appellees:
- William J. Wynhoff, Deputy Attorney General, Department of the Attorney General, State of Hawaii, Honolulu, HI, for the defendants-appellees.