Shipbuilders Council of America v. U.S. Coast Guard: The Coast Guard defends its rebuilt foreign regulations

This article discusses a particular case - Shipbuilders Council of America v. U.S. Coast Guard (Shipbuilders) - that hinged on how much leeway the court would give to an agency's interpretation of a specific regulation. It is not unusual for Congress to pass laws that need interpretation, due to gaps in the legislation. Typically, the agency tasked with administration of the legislation fills in the gaps. The case discussed in this article arose from a challenge, by a group that represented United States shipbuilders, to a decision by the Coast Guard National Vessel Documentation Center (NVDC). Major topic headings in the article include the following: The Challenge; Background; Agency Change and Regulation Development; Litigation Questions, Policy Definition; Judicial Review; Coast Guard Afforded Least Deference; District Court is not Persuaded; The Coast Guard Appeals; District Court Reversed; and For Future Consideration.

• Record URL:
  • http://www.uscg.mil/proceedings/archive/2012/Vol69_No4_Wint2012.pdf
• 
• Authors:
  • Bruce, Robert
  • Luce, John
• Publication Date: 2013

Language

• English

Media Info

• Media Type: Print
• Features: Photos;
• Pagination: pp 29-34
• Serial:
  • Coast Guard Journal of Safety & Security at Sea, Proceedings of the Marine Safety & Security Council
  • Volume: 69/70
  • Issue Number: 4/1
  • Publisher: U.S. Coast Guard
  • Serial URL: http://www.uscg.mil/proceedings/

Subject/Index Terms

• TRT Terms: Appeals; Court decisions; International; Laws and legislation; Litigation; Regulations
• Identifier Terms: United States Coast Guard
• Subject Areas: Law; Marine Transportation; I10: Economics and Administration;

Filing Info

• Accession Number: 01493492
• Record Type: Publication
• Files: TRIS
• Created Date: Sep 20 2013 4:14PM