United States DC Circuit

In case involving ship pilot who sued the Coast Guard after it refused to hire him permanently as an independent pilot unless he rejoined the St. Lawrence Seaway Pilots' Association and the pilotage pool, dismissal based on lack of jurisdiction over the Administrative Procedures Act claim and finding constitutional claims failed to state a cause of action, is reversed as a forthright agency interpretation of the Great Lakes Pilotage Act is required in terms of the Act providing for pilotage pools to be formed by "voluntary" associations such as the SLSPA.

Appellate Information

• Argued 04/10/2007
• Decided 05/15/2007
• Published 05/15/2007

Judges

• Before:  SENTELLE and BROWN, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan G. Axelrod argued the cause for appellant.   On the briefs were Edward M. Gleason, Jr. and Richard W. Gibson.


• For Appellees:
  
• Megan L. Rose, Assistant U.S. Attorney, argued the cause for appellees.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.