CA1: no preemption where no conflict – just assistance

Fitzgerald v. Harris, No. 08-1306 (12/5/08) holds that the Allagash Wilderness Waterway ("AWW"), Me. Rev. Stat. Ann. tit. 12, § 1882 is not preempted by the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.C. § 1271 et seq (which they call a “cooperative federalism statute”). A couple of canoeists (note, they were not yachtspeople). The First essentially holds that the WSRA doesn’t really impose the duties the small-boatspeople think it imposes on the state, and there neither a conflict nor a preemption, and the Federal government just “assists” the states. Whatever the case, the statute itself says that it isn’t displacing (get it?) state law.

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