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 Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter February 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

SunEdison Restrained from 'Unusual' Asset Transfers

Solar company SunEdison Inc said a U.S. court has restrained the company from making any unusual asset transfers until a hearing in a lawsuit brought on by investors

Owner Fined for 'Dangerously Unsafe' Vessel

The owner of a harbor tanker has been fined £3,000 with more than £7,000 costs after pleading guilty to a charge of operating a vessel for being dangerously unsafe.

Philippines Mulls Bilateral Sea Talks with China

The Philippines may consider two-way talks with China to resolve a territorial dispute in the South China Sea but only if it wins its case with Beijing at an arbitration tribunal in The Hague,

 
 
Maritime Contracts Maritime Security Navigation Offshore Oil Pod Propulsion Salvage Ship Electronics Ship Repair Ship Simulators Shipbuilding / Vessel Construction
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: 0.0640 sec (16 req/sec)