Angelex, Ltd. v. United States

Tatel, Circuit Judge:

Nearly forty years ago, Congress authorized the Coast Guard to detain ships suspected of intentionally discharging oil and other contaminants into the sea. At the same time, Congress gave a ship "unreasonably detained or delayed" a cause of action to recover "any loss or damage suffered thereby." 33 U.S.C. § 1904 (h). Until today, no circuit has considered the contours of this cause of action. Sailing into uncharted waters, we ask whether the Coast Guard acted reasonably in detaining a vessel for nearly six months pending a criminal trial after its owner and operator…