Maine Forest Products Council v. Cormier, No. 22-1198 (1st Cir. 2022)
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The First Circuit affirmed the judgment of the district court issuing a preliminary injunction preliminarily enjoining enforcement of a state law before it took effect, holding that the district court properly entered the preliminary injunction.
The law at issue was enacted by the Maine legislature in 2021 to prevent Canadian truck drivers from hauling logs within the state under the auspices of the federal H-2A visa program. Just a few days before the law was to take effect Plaintiffs jointly filed suit in federal district court against the Director of the Maine Bureau of Forestry and the Attorney General of Maine (collectively, the State). Plaintiffs sought injunctive and declaratory relief, alleging that the law was preempted under federal law. Plaintiffs then moved for a temporary restraining order and a preliminary injunction against enforcement of the law. The district court granted the motion. The First Circuit affirmed, holding (1) Plaintiffs carried their burden of showing that the H-2A restriction imposed by the law was likely preempted by federal law; and (2) therefore, the district court properly entered the preliminary injunction.
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