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CITY OF OAKLAND EX REL. BOARD OF PORT COMMISSIONERS v. FEDERAL MARITIME COM'N

No. 12-1080.

724 F.3d 224 (2013)

CITY OF OAKLAND, Acting by and Through its BOARD OF PORT COMMISSIONERS, Petitioner v. FEDERAL MARITIME COMMISSION and United States of America, Respondents SSA Terminals (Oakland), LLC and SSA Terminals, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 2013.

Attorney(s) appearing for the Case

Paul M. Heylman argued the cause for petitioner. With him on the briefs was Nicholas C. Stewart.

Tyler J. Wood , Deputy General Counsel, Federal Maritime Commission, argued the cause for respondents. With him on the brief were Joseph F. Wayland , Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers , Attorneys, Rebecca A. Fenneman , General Counsel, Federal Maritime Commission, and Elisa P. Holland , Attorney-Advisor.

Marc J. Fink , Anne E. Mickey , and Robert K. Magovern were on the brief for intervenors SSA Terminals (Oakland), LLC, et al. in support of respondent.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

The City of Oakland manages a port on lands granted by the State of California to benefit its citizens. This arrangement implicates the public trust doctrine, an ancient delineation of the states' rights in (among other things) their tidelands. But what happens when the public trust doctrine bumps into the Eleventh Amendment? Oakland believes it is entitled to a share of the State's sovereign immunity for its management of the port and has asked...

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