Maher Terminals, LLC v. FMC

Maher, a marine terminal operator, challenges a decision of the Commission authorizing preferential lease terms to a competitor, APM-Maersk. The court concluded that, assuming arguendo that the Commission adequately responded to Maher’s contention that the same rates should be extended to it, the Commission’s explanation as to why APM-Maersk’s preference was based on a “transportation factor” was hopelessly convoluted, particularly in light of its precedent. The court remanded the case to the Commission for a more adequate explanation of its decision and policy. Accordingly, the court granted the petition for review and remanded. View "Maher Terminals, LLC v. FMC" on Justia Law