SHIPBUILDERS COUNCIL OF AMERICA v. US COAST GUARD

Nos. 08-1546, 08-1702.

578 F.3d 234 (2009)

SHIPBUILDERS COUNCIL OF AMERICA, Incorporated; Crowley Maritime Corporation; Overseas Shipholding Group, Incorporated, Plaintiffs-Appellees, v. UNITED STATES COAST GUARD; United States Department of Homeland Security; National Vessel Documentation Center, Defendants-Appellants, Seabulk Petroleum Transport, Incorporated; Seabulk Energy Transport, Incorporated, Intervenors/Defendants-Appellants, and US Shipping Partners LLP, Intervenor/Defendant, Matson Navigation Company, Incorporated, Amicus Supporting Appellants. Shipbuilders Council of America, Incorporated; Crowley Maritime Corporation; Overseas Shipholding Group, Incorporated, Plaintiffs-Appellees, v. United States Coast Guard; United States Department of Homeland Security; National Vessel Documentation Center, Defendants-Appellants, Seabulk Petroleum Transport, Incorporated; Seabulk Energy Transport, Incorporated, Intervenors/Defendants-Appellants, and US Shipping Partners LLP, Intervenor/Defendant, Matson Navigation Company, Incorporated, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: August 21, 2009.


Attorney(s) appearing for the Case

ARGUED: Monika L. Moore, Office of the United States Attorney, Alexandria, Virginia; Michael Joseph, Blank & Rome, LLP, Washington, DC, for Appellants. William D. Dolan, III, Venable, LLP, Vienna, Virginia, for Appellees. ON BRIEF: Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, for Appellants United States Coast Guard, United States Department of Homeland Security, and National Vessel Documentation Center. Alex Blanton, Blank & Rome, LLP, Washington, D.C., for Appellants Seabulk Petroleum Transport, Incorporated and Seabulk Energy Transport, Incorporated. Marc J. Fink, Anne E. Mickey, Robert Magovern, Sher & Black-Well, LLP, Washington, D.C., for Appellee Shipbuilders Council of America, Incorporated; Michael W. Robinson, John F. Cooney, Venable, LLP, Vienna, Virginia, for Appellee Crowley Maritime Corporation; Bernard J. DiMuro, Dimuroginsburg, PC, Alexandria, Virginia, for Appellee Overseas Shipholding Group, Incorporated. Gene C. Schaerr, Constantine G. Papavizas, Andrew C. Nichols, Winston & Strawn, LLP, Washington, D.C., for Amicus Supporting Appellants.

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge MOTZ and Judge KING joined.


OPINION

DUNCAN, Circuit Judge:

The United States Coast Guard appeals the district court's rejection of its interpretation of the regulatory scheme governing the issuance of coastwise endorsements to vessels. Intervenors Seabulk Energy Transport, Inc. and Seabulk Petroleum Transport, Inc. (collectively "Seabulk") also appeal. We find that we have jurisdiction under the collateral order doctrine over the district court's ruling on the issue appealed by the...

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