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LANDSTAR EXP. AMERICA v. FEDERAL MARITIME COM'N

No. 08-1152.

569 F.3d 493 (2009)

LANDSTAR EXPRESS AMERICA, INC. and Landstar Global Logistics, Inc., Petitioners v. FEDERAL MARITIME COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2009.

Attorney(s) appearing for the Case

David K. Monroe argued the cause for petitioners. With him on the briefs was David P. Street.

Benjamin K. Trogdon, Attorney, Federal Maritime Commission, argued the cause for respondent. With him on the brief were Deborah A. Garza, Acting Assistant Attorney General, U.S. Department of Justice, John J. Powers, III and Robert J. Wiggers, Attorneys, and Peter J. King, General Counsel, Federal Maritime Commission.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

This case illustrates the basic rule-of-law maxim that statutory text binds federal agencies. Ocean Transportation Intermediaries help arrange shipping for U.S. companies. Federal law requires Ocean Transportation Intermediaries to obtain licenses from the Federal Maritime Commission. On occasion, Ocean Transportation Intermediaries will use agents—who are not themselves Ocean Transportation Intermediaries—to assist them in...

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