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

Legal

SHIPPINGInsight to Focus on Ship Telematics

The subject of ship telematics will be prominently featured at the upcoming SHIPPINGInsight 2015 Fleet Optimization Conference & Exhibition, which takes place in Stamford, Conn.

Worldwide Launch of Joint CIC

The Maritime Authorities of the Tokyo and the Paris Memoranda of Understanding (MoU) on Port State Control has launched a joint Concentrated Inspection Campaign

Sea Breeze 2015 Kicks off in Odesa

Maritime forces from 11 nations kicked off the U.S.-Ukraine co-hosted multinational exercise Sea Breeze 2015 in Odesa, Ukraine and the Black Sea, Sept. 1. Sea Breeze,

 
 
Maritime Contracts Maritime Security Naval Architecture Offshore Oil Pipelines Port Authority Salvage 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: 0.3818 sec (3 req/sec)