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

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