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 July 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

CWind Supports Ballast Nedam at Butendiek OWF

CWind, a provider of integrated services to the wind industry, announced today that it is providing corrosion protection services to Ballast Nedam at Butendiek Offshore Wind Farm (OWF).

Sea Trucks Returns to the Gulf of Mexico

Offshore installation services provider Sea Trucks Group announced it has been awarded a charter contract for its accommodation construction vessel Jascon 31 to operate in the Gulf of Mexico,

Eastern Launches Second MPSV for Hornbeck

Eastern Shipbuilding Group, Inc. has launched the second of two 302’x76’x26’ multipurpose service vessels in the HOSMPSV 310ES series for Hornbeck Offshore Services, LLC.

Legal

Brazilian Police to Probe Nuclear Submarine Program

Brazilian federal police are investigating potential irregularities in a military program that aims to build a nuclear-powered submarine in partnership with France by 2023, newspaper Folha de S.

Philippines Mulls Massive Military Spend

Philippine generals on Wednesday asked Congress to almost triple annual defence spending over the next five years to upgrade equipment amid an escalating marine dispute with giant neighbour China.

Sembcorp Marine: No Sete Brasil Payments This Year

Singapore's Sembcorp Marine has not received payment from Sete Brasil on drillship projects this year and may slow down the projects if the situation persists, a company executive said on Wednesday.

 
 
Maritime Careers / Shipboard Positions Maritime Security Naval Architecture Navigation Offshore Oil Port Authority Salvage Shipbuilding / Vessel Construction Sonar 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: 0.2702 sec (4 req/sec)