Articles Posted in US Court of Appeals for the District of Columbia Circuit

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The DC Circuit affirmed the district court's grant of summary judgment in an action brought under 33 U.S.C. 1904(h). In section 1904(h), Congress gave a ship unreasonably detained or delayed, on suspicion of intentionally discharging oil and other contaminants into the sea, a cause of action to recover any loss or damage suffered thereby. The court held that the Coast Guard acted reasonably in detaining a vessel for nearly six months pending a criminal trial after its owner and operator failed to meet the government's security bond demands. The court measured the reasonableness of the Coast Guard's actions by an objective standard and found that the Coast Guard set a reasonable monetary bond, and that the nonmonetary components of the bond demand contributed nothing to the owner's losses. View "Angelex, Ltd. v. United States" on Justia Law

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The DC Circuit dismissed Matson's petition for review of three of the Maritime Administration's orders approving APL's requested replacement vessels in the Maritime Security Fleet. At issue was whether the three orders were issued pursuant to 46 U.S.C. 50501 or any other statute listed in the Hobbs Act vesting exclusive jurisdiction in the courts of appeals. The court held that Matson failed to file a timely petition for review; even if MARAD forfeited a timeliness defense, Matson had no vessels in the fleet and was therefore not a contractor for whom MARAD's regulation provided an administrative appeal; and the 2016 and 2017 Approval Orders did not trigger Hobbs Act jurisdiction. View "Matson Navigation Company, Inc. v. DOT" on Justia Law