SOUTH CAROLINA STATE PORTS AUTHORITY, Petitioner,
v.
FEDERAL MARITIME COMMISSION; United States of America, Respondents.
State of Maryland; State of Alabama; State of Arkansas; State of Connecticut; State of Delaware; State of Florida; State of Georgia; State of Iowa; State of Louisiana; State of Maine; State of Mississippi; State of Montana; State of Nevada; State of North Carolina; State of North Dakota; State of Oklahoma; State of Oregon; State of South Carolina; State of South Dakota; State of Virginia; State of West Virginia; National Association of Waterfront Employers, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 22, 2001.
Decided: March 12, 2001.
Attorney(s) appearing for the Case
ARGUED: Warren LaForest Dean, Jr., Thompson Coburn, L.L.P., Washington, DC, for Petitioner. Andrew Howard Baida, Assistant Attorney General, Baltimore, Maryland, for Amici Curiae. Phillip Christopher Hughey, Federal Maritime Commission, Washington, D.C.; Alisa Beth Klein, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Respondents.
ON BRIEF: Susan Taylor Wall, Elizabeth Herlong Campbell, Nexsen, Pruet, Jacobs, Pollard & Robinson, L.L.P., Charleston, South Carolina, for Petitioner. J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland, for Amici Curiae States. Thomas Panebianco, General Counsel, Federal Maritime Commission, Washington, D.C., for Respondent Commission. David W. Ogden, Assistant Attorney General, J. Rene Josey, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Respondent United States. Charles T. Carroll, Jr., Carl Larsen Taylor, Washington, D.C., for Amicus Curiae Association.
Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and Malcolm J. HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Reversed and remanded with directions to dismiss by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge HOWARD joined.
OPINION
WILKINSON, Chief Judge:
This case requires us to decide whether a state's sovereign immunity protects it from being brought before a federal administrative tribunal by a private party. We hold that the state's immunity prevents such a suit...
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