HomeCircuit Court Admiralty CasesCoast Guard Regulation
Coast Guard Regulation

The following are digests and case links to Circuit Court Admiralty Cases that have as an issue Coast Guard regulation:

Lady v. Neal Glasser Marine, Inc.
Fifth Circuit Court of Appeals
September 26, 2000

Coast Guard Regulation: although the Federal Boat Safety Act and the Coast Guard's regulatory decisions do not expressly preempt plaintiff's state tort claim arising from injuries suffered as a result of a boating accident, implied conflict preemption does preclude his action because a state rule requiring propeller guards on recreational vessels would frustrate the Coast Guard's decision that recreational boats should not be required to be equipped with propeller guards.

In Re: Complaint of Transporter Marine, Inc.
Fifth Circuit Court of Appeals
July 13, 2000

Limitation of Liability Act/Coast Guard Regulation: the Coast Guard's adjudication of charges arising from the enforcement of its drug and alcohol testing regulations are exempt from exoneration or limitation proceedings under the Limitation of Liability Act. 

Mallard Bay Drilling v. Herman
Fifth Circuit Court of Appeals
June 2, 2000

Coast Guard Regulation: OSHA has no jurisdiction to regulate the working conditions of seamen aboard a drilling  barge, which is a vessel in navigation subject to the Coast Guard's exclusive regulatory jurisdiction.

Myers v. American Triumph F/V
Ninth Circuit Court of Appeals
August 13, 2001

Coast Guard Regulation: plaintiff's admiralty action against the American Triumph F/V for conversion of the ferae nature fish that the Vessel had captured from 1989 through 1998 was properly dismissed since the Vessel had a Coast Guard Certificate of Documentation and Fishery Endorsement that was conclusive evidence of its qualification to be employed in the fishing trade.

In re Bluewater Network & Ocean Advocates
District of Columbia Circuit Court of Appeals
December 22, 2000

Coast Guard Regulation/OPA 90: sections 4110(a) and (b) of OPA 90 indisputably command the Coast Guard to establish compliance standards and use requirements for tank level and pressure monitoring ("TLPM") devices by August 1991; because of this "clear statutory mandate, a deadline nine-years ignored, and an agency that has admitted its continuing recalcitrance," the Coast Guard was directed to undertake prompt rulemaking with respect to TLPM devices; the Coast Guard is not required to initiate rulemaking pursuant to section 4116(c) of OPA 90 to define waters other than Prince William Sound ("other waters") over which single-hulled tankers must be escorted by at least two towing vessels since the section places no clear and mandatory duty on the Coast Guard to undertake "other waters" rulemaking.

About the WWW Virtual Library  |  Disclaimer  |   Feedback
© Todd Kenyon. All rights reserved.