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PORTS

Thompson Coburn represents public port authorities and private marine terminal operators throughout the U.S. Our attorneys counsel ports on issues relating to development, public procurements, marine terminal leases and operating agreements, port security, port tariff provisions and rates, free trade zones, short sea shipping, privatization and port railroads.

We have advised ports on collateral issues such as bankruptcy and collection, regulatory compliance, and employment and environmental issues (including both air and water). Our team also handles admiralty, customs and public finance matters for port clients. We work with all of the federal agencies involved with ports, including the Federal Maritime Commission (FMC), the U.S. Department of Transportation (DOT), the Department of Homeland Security (DHS) (including Customs and Border Protection and the U.S. Coast Guard), the U.S. Army Corps of Engineers and the Surface Transportation Board. Our port clients have ranged in size from the South Carolina Ports Authority to smaller ports, such as Bridgeport, Connecticut; Lake Charles, Louisiana; and the Port of Indiana at Burns International Harbor.

We are especially skilled in litigation involving ports and have wide-ranging 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 of port tariff rates and terms. Our attorneys argued and won a landmark Supreme Court decision upholding the sovereign immunity of state ports authorities in private actions for damages at the FMC. See Federal Maritime Commission v. South Carolina Ports Authority, 535 U.S. 743 (2002).

Our team has hands-on business experience and strong contacts in the port industry, and we are active members of the American Association of Port Authorities.

Represented a foreign-based shipping company in negotiating vessel construction contracts with major international shipyards in Korea, Japan and China.

Federal Maritime Commission v. South Carolina State Ports Authority, 535 U.S. 743 (2002) 
Thompson Coburn successfully represented the SCSPA before the United States Supreme Court. States and their instrumentalities are entitled to sovereign immunity in proceedings before federal administrative tribunals. A vessel operator filed a complaint at the Federal Maritime Commission against the SCSPA. The Administrative Law Judge dismissed the complaint on the basis of the state’s sovereign immunity reflected in the 11th Amendment to the U.S. Constitution. The Commission itself reversed. We petitioned for review by the U.S. Court of Appeals for the Fourth Circuit and secured a unanimous decision reversing the Commission. The Federal Maritime Commission, joined by the Solicitor General, filed a Petition for Certiorari, which was granted. We successfully argued that the principle of state sovereign immunity reflected in the 11th Amendment transcended its literal language to apply to proceedings before federal agencies and was not limited to cases filed in Article III courts. The decision, one of the most significant in perhaps the oldest line of Supreme Court cases, affirms the dual sovereignty inherent in our federal system of government.

 

 

Senior Counsel
Washington, D.C.

Jonathan focuses on regulatory issues and litigation affecting domestic and international maritime and shipping matters, as well as international trade regulation issues ...

Jonathan focuses on regulatory issues and litigation affecting domestic and...

Jonathan Benner
Partner
St. Louis

Cherie represents financial institutions and borrowers in various secured and unsecured lending transactions.

Cherie represents financial institutions and borrowers in various secured a...

Cherie Stephens Bock
Senior Counsel
St. Louis

Ed serves as a key tax advisor to companies embarking on any type of corporate restructuring, from acquisitions and dispositions to spinoffs and management changes.

Ed serves as a key tax advisor to companies embarking on any type of corpor...

Ed Buchholz
Partner
St. Louis

Matt is a highly dedicated legal advisor who provides guidance to clients on complex data center and real estate transactions.

Matt is a highly dedicated legal advisor who provides guidance to clients o...

Matt Buesching
Partner
Washington, D.C.

Warren Dean practices in the field of federal regulation of transportation services, both domestic and international.

Warren Dean practices in the field of federal regulation of transportation ...

Warren Dean, Jr.
Partner
Southern Illinois

Misty represents companies facing litigation in high-risk venues across the Midwest.

Misty represents companies facing litigation in high-risk venues across the...

Misty Edwards
Partner
Washington, D.C.

Matt's practice focuses on maritime and trade finance and related United States government guarantee programs.

Matt's practice focuses on maritime and trade finance and related United St...

Matthew Kaiser
Senior Counsel
Washington, D.C.

Margie's practice spans more than 30 years representing borrowers, lenders, lessors, and lessees in structuring, negotiating, and closing financing transactions, includin...

Margie's practice spans more than 30 years representing borrowers, lenders,...

Margie Krumholz
Partner
St. Louis

Rick advises companies and individuals on a variety of federal (domestic and international), state and local tax matters.

Rick advises companies and individuals on a variety of federal (domestic an...

Rick Lawton
Partner
Washington, D.C.

Sean helps his clients navigate the complex web of federal regulations that affect their transportation and export operations.

Sean helps his clients navigate the complex web of federal regulations that...

Sean McGowan
Partner
St. Louis

Peter is an environmental attorney who helps companies respond to major environmental incidents, navigate regulatory actions and successfully resolve civil and criminal l...

Peter is an environmental attorney who helps companies respond to major env...

Peter Stark Strassner
Partner
Southern Illinois

Erick is a litigation partner in the Firm's Southern Illinois office.

Erick is a litigation partner in the Firm's Southern Illinois office.

Erick VanDorn