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WATERVALE MARINE v. U.S. DEPT. OF HOMELAND SEC.

No. 14-5203.

807 F.3d 325 (2015)

WATERVALE MARINE CO., LTD., As Owner of the M/V Agios Emilianos, et al., Appellants, Mercator Lines (Singapore) PTE, Ltd., As Owner of the M/V Gaurav Prem, et al., Appellees, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY and United States Coast Guard, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 15, 2015.

Attorney(s) appearing for the Case

Barry M. Hartman argued the cause for appellants. With him on the briefs was Michael G. Chalos .

Anne Murphy , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Benjamin C. Mizer , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, at the time the brief was filed, and Matthew M. Collette , Attorney.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge GRIFFITH.

This case presents the question whether the Secretary of the Department of Homeland Security—acting through the Coast Guard—may impose certain conditions (nonfinancial in nature) upon the release of ships suspected of violating the Act to Prevent Pollution from Ships.

Ship owners appeal from...

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