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MAHER TERMINALS, LLC v. FED. MARITIME COMMISSION

No. 15-1035.

816 F.3d 888 (2016)

MAHER TERMINALS, LLC, Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents. Port Authority of New York and New Jersey, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 22, 2016.

Attorney(s) appearing for the Case

Richard P. Bress argued the cause for petitioner. With him on the briefs were Melissa Arbus Sherry and Benjamin W. Snyder .

Joel F. Graham , Attorney, Federal Maritime Commission, argued the cause for respondents. With him on the briefs were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers , Attorneys, and Tyler J. Wood , General Counsel, Federal Maritime Commission.

Richard A. Rothman and Peter D. Isakoff were on the briefs for intervenor the Port Authority of New York and New Jersey in support of respondent.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

Petitioner Maher, a marine terminal operator, challenges a decision of the Federal Maritime Commission authorizing preferential lease terms to a competitor, APM-Maersk. We grant the petition and remand because we think the Commission provided an inadequate explanation.

I.

In the late 1990s, the...

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