FMC Commissioner Doyle Weighs In
Commissioner William P. Doyle's remarks at the Commission Briefing on Mid-Atlantic and Northeast Port Congestion Forum, November 13 2014 in Baltimore, MD. On October 1, 2014, Commissioner Lidinsky and I hosted the Mid-Atlantic and Northeast Port Congestion Forum at the World Trade Center in Baltimore, Maryland. I want to thank all the FMC staff for their participation in setting up and managing the day’s event. David Tubman and Jewel Jennings-Wright worked tirelessly for weeks helping to locate attendees and participants. Thank you both.
MPA Entitled to Sovereign Immunity in FMC Action
The Federal Maritime Commission (FMC) ruled that the Maryland Port Authority is entitled to sovereign immunity from the regulatory adjudication of a privately-filed Shipping Act complaint. In the instant case, a marine terminal company filed an action with the FMC alleging that the port authority was violating the Shipping Act of 1984 in its negotiations with the company on lease terms. In this long-running action, the FMC found the port authority to be an arm of the State of Maryland and thus immune from being brought before an adjudicatory board of the federal government by a private party. Ceres Marine Terminals, Inc. v. Maryland Port Authority, Docket No. 94-01 (HK Law)
Judge Halts Dredging Near Md. Shipyard
A Baltimore County judge ordered the owners of the Sparrows Point shipyard to temporarily stop dredging in the Patapsco River in Maryland. A Circuit Court Judge granted a temporary injunction to stop contractors from removing sediment in the river near the Key Bridge at the request of a group of Dundalk-area residents also opposed to a liquefied natural gas terminal planned for the site, according to a lawyer for the group. The Greater Dundalk Alliance's LNG opposition team alleges in its court filing that the dredging is stirring up toxins that will harm nearby residents and the Chesapeake Bay. The community group, however, must post a $750,000 bond by today to cover the company's revenue lost by not dredging, in the event that the contractors are allowed to resume the work.
