American Steamship Owners Mutual Protection and Indemnity Association, Inc. v. United States of America et al
| American Steamship Owners Mutual Protection and Indemnity Association, Inc. |
| U.S. Coast Guard, U.S. Coast Guard National Pollution Funds Center, U.S. Department of Homeland Security and United States of America |
| 1:2018cv02652 |
| May 4, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A. Matsumoto |
| Steven Tiscione |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 702 Administrative Procedure Act |
| None |
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Filing
36
ORDER granting 30 Defendants' Cross-Motion for Summary Judgment, and denying 26 Plaintiff's Motion for Summary Judgment. For the reasons stated in the attached Memorandum and Order, the court GRANTS Defendants' cross-motion for su mmary judgment, and DENIES Plaintiff's motion for summary judgment. Plaintiff has failed to establish that NPFC's actions exceeded legal authority, were arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. The agency properly complied with the underlying statute, the Oil Pollution Act of 1990, and the promulgated regulations, 33 C.F.R. Part 136. Therefore, the court will not set aside the GRS Decision or the Mayship Decision, and dismisses the Complaint with prejudice. Further ordered that 31 Defendants' motion to file the Administrative Record under seal is granted. The Clerk of Court is directed to enter judgment in Defendants' favor and close this case. Ordered by Judge Kiyo A. Matsumoto on 9/24/2020. (Brasky, Michael)
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