Shipbuilders Council of America, Inc. v. U.S. Department of Homeland Security

MEMORANDUM OPINION

ELLIS, District Judge.

At issue in this Administrative Procedure Act (“APA”) 1 challenge to agency action is whether the U.S. Coast Guard’s (“Coast Guard”) preliminary determination that the container vessel modifications proposed by intervenor-defendant Matson Navigation Company, Inc. (“Matson”) would not constitute foreign “rebuilding” under the Second Proviso of the Jones Act 2 is “final agency action,” subject to review under the APA, 5 U.S.C. § 704. This issue has been fully briefed and argued, and is now ripe for disposition. For the reasons that follow, defendants’…