Port Congestion Damages: The Politics Of Low-Hanging Fruit

Law360, New York (May 27, 2015, 10:42 AM EDT) -- Recently, some commissioners at the U.S. Federal Maritime Commission have expressed a desire to minimize regulation that might be considered intrusive to the industry it regulates. That is not necessarily a bad thing. However, in the context of the port congestion debacle that doesn’t seem to go away, some of the carrier practices are so outrageous that they clearly require the FMC to decide that particular practices are “unjust and unreasonable,” and thereby unlawful.

There is a statutory basis for such legal conclusions. Some of the recent activities employed by ocean carriers are clear violations of the Shipping Act of 1998,...

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