Supreme Court Finds States Immune from FMC Action

Wednesday, May 29, 2002
In a sharply divided decision (5-4), the U.S. Supreme Court ruled that the concept of sovereign immunity protects states from having to answer private complaints before the Federal Maritime Commission (FMC). In the instant case, a cruise line filed a complaint with the FMC against the South Carolina State Ports Authority alleging that the Authority violated the Shipping Act of 1984 when it refused berthing space and passenger services to the cruise line. The court held that state sovereign immunity bars the FMC from adjudicating a private party's complaint against a nonconsenting state. Among other things, the Court rejected the argument that the need for uniformity in maritime commerce regulation required limitation of state sovereignty. Dissenting opinions were filed by Justices Stevens and Breyer. Federal Maritime Commission v. South Carolina State Ports Authority. Source: HK Law
Maritime Reporter June 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

Bestobell Bags HHI's Valve Order

Bestobell Marine, a world leading supplier of cryogenic valves for ships, has won a major new order from Hyundai Heavy Industries (HHI) in South Korea to supply valves for two new vessels.

Teekay LNG Partners Declares Distribution

Teekay GP LLC, the general partner of Teekay LNG Partners L.P. has declared a cash distribution of $0.70 per unit for the quarter ended June 30, 2015. The cash distribution is payable on August 14,

Fjords Processing Bags Johan Sverdrup Contracts

Fjords Processing, headquartered in Norway (Fornebu), has won three contracts for the deliveries of process systems for the Johan Sverdrup development in the North Sea.

Legal

AVEVA, DNV GL's Sesam Integration Cuts Cost

Integration of Aveva and DNV GL's Sesam Reduces Costs in Maritime and Offshore Engineering. Engineers designing ship hulls and offshore floaters can now save

FORAN for Pertamina's Future Ships

FORAN has been chosen by state-owned company PERTAMINA to review the design of their future oil product carrier ships, under construction in a shipyard with the FORAN System.

U.S. Draft Recovery Plan for Threatened Polar Bears

U.S. wildlife managers released on Thursday a draft plan for stemming the decline of polar bears threatened by melting Arctic sea ice linked to global warming,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Navigation Offshore Oil Ship Electronics Ship Repair Ship Simulators Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1181 sec (8 req/sec)