Legal Opinion

Shipbuilders Council of America, Inc. v. United States Department of Homeland Security

District Court, E.D. Virginia

Decided December 3, 2009No. Case 1:07cv1234Published

1Opinion of the Court

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

In this Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-706, suit, plaintiffs challenge a Coast Guard decision to issue a certificate of documentation with a coastwise endorsement to a vessel that underwent significant rework in a foreign shipyard. More precisely, the aft end of the M/V Mokihana, owned by Intervenor Matson Navigation Company, Inc. (“Mat-son”), was converted in a Chinese shipyard from an area for container storage to a lower garage for vehicle storage. On the basis of submissions by Matson, the Coast Guard decided that…

2Cases cited24 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  4. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  5. Skidmore v. Swift & Co.Supreme Court of the United States · 1944

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