Transportation

Port Authorities

Thompson Coburn LLP is considered among the nation’s most experienced law firms in representing public port authorities, as well as private marine terminal operators, throughout the U.S. and internationally. This representation includes counseling and assisting ports on port development issues, conducting competitive public procurements, negotiating marine terminal leases and operating agreements, port security, reviewing and advising on port tariff provisions and rates, free trade zones, short sea shipping, and privatization. We also have advised ports on collateral issues, including bankruptcy and collection, compliance with open government laws, employment issues and environmental issues (including both air and water), and have pertinent expertise in admiralty, customs and public finance issues.

We work with all of the federal agencies involved with ports, including the Federal Maritime Commission (FMC), the Department of Transportation, the Department of Homeland Security (including Customs and Border Patrol (CBP) and the U.S. Coast Guard), and the U.S. Army Corps of Engineers. Our port clients have ranged in size from the South Carolina State Ports Authority to smaller ports, such as Bridgeport, Connecticut, Lake Charles, Louisiana and the Port of Indiana at Burns International Harbor.

We are especially experienced in litigation involving ports, and have extensive experience in cases at the FMC, as well as in federal and state courts. This litigation has included exclusive port franchises, alleged refusals to deal, unfair and unreasonable practices, and the legality and reasonable of port tariff rates and terms. The Chairman of our Transportation practice recently argued and won a landmark Supreme Court decision upholding the sovereign immunity of state ports authorities in private actions for damages at the FMC.

In all of this, we pride ourselves on our hands-on business experience and our contacts in the port industry. Two of our partners are long-time associate members of the Law Review Committee of the American Association of Port Authorities, and our attorneys have spoken at many public port industry training sessions.