S3.E21 - A Tale of Two Overturns: TCW v. Evergreen and Chevron v. NRDC - what it all means for the Federal Maritime Commission

By Land and By Sea

Topic of the Week (7/12/24):
What a few weeks it’s been for the judicial system and ocean shipping – the overturning of Chevron (impacting federal agencies) and the vacating and remanding of TCW v. Evergreen (a discussion of the incentive principle and FMC’s May 18, 2020 Interpretive Rule) – there’s a lot going on, let’s break it down.

The Maritime Professorᵀᴹ presents By Land and By Sea - an attorney breaking down the week in supply chain
with Lauren Beagen (Founder of The Maritime Professorᵀᴹ and Squall Strategiesᵀᴹ)
Let's dive in...
1 -Federal Maritime Commission announced they added Hyundai Merchant Marine (HMM) to its controlled carrier list
https://www.fmc.gov/articles/fmc-designates-korea-based-container-company-a-controlled-carrier/

https://www.federalregister.gov/documents/2024/07/01/2024-14447/controlled-carriers-under-the-shipping-act-of-1984

2 – TCW v. Evergreen – vacated and remanded, a discussion.

https://www.cadc.uscourts.gov/internet/opinions.nsf/E1A6024AD38C427E85258B510054FE2A/$file/23-1052-2063141.pdf

3 – The U.S. Supreme Court overturns Chevron deference – what does that mean for the FMC?
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Capíttulos

1. Legal Impact on Global Shipping (00:00:00)

2. Court Decisions in Shipping Industry (00:05:10)

3. Analysis of Shipping Detention Charges (00:15:24)

4. Legal Shift in Deference Principles (00:26:42)

5. Impact of Chevron Deference Overturn (00:36:18)

6. Legal Implications of FMC Rule Correction (00:44:04)