Judge Recognizes MARAD Authority

Friday, December 19, 2008

As a result of the Maritime Administrator’s designation of New Jersey as an adjacent coastal state, pursuant to 33 USC 1508(a)(2), Atlantic Sea Island Group, LLC, (ASIG) a deepwater port applicant, filed suit against the Maritime Administrator and Secretary of Transportation on February 15, 2008.  In addition to filing the suit, the plaintiff also sought a preliminary injunction.  ASIG alleged that the Maritime Administrator's designation of New Jersey as an "adjacent coastal state" under the Deepwater Ports Act of 1974 as amended, was contrary to law. 

The Maritime Administration filed a motion to dismiss the suit on March 17, 2008. 

On Dec. 8, 2008, in U.S. District Court for the District of Columbia, Judge Richard W. Roberts granted a summary judgment in favor of the Government and dismissed both ASIG’s suit and its motion for a preliminary injunction.

A complete letter of opinion accompanying the order granting summary judgment recognizes the Administrator's authority to designate adjacent coastal states under the Deepwater Ports Act.

The letter of opinion is available on the U.S. District Court web site at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2008cv0259-46

Maritime Reporter March 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Court: Japan's Mitsui Paid to Release Ship

China Supreme Court says Mitsui pays about $29 mln; Ship released about 0030 GMT Thursday. Ship was seized over dispute dating back to 1930s. Advisor to plaintiffs says will likely demand more money.

Lawyer: Korea Ferry Owners Accept Responsibilities

The family that has a major stake in companies that control the shipping operator whose ferry sank last week, likely to have killed hundreds, will take social and

Mitsui O.S.K. Ship Ready To Leave Chinese Port

Japanese shipping firm Mitsui O.S.K. Lines Ltd said on Thursday that its ship, the "Baosteel Emotion" 226,434 deadweight-tonne ore carrier, is ready to leave

 
 
Maritime Careers / Shipboard Positions Maritime Standards Naval Architecture Offshore Oil Pipelines Salvage 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: 0.0948 sec (11 req/sec)