US Circuit Court of Appeals finds in favor of Evergreen in their challenge against FMC regarding D&D Fees

Friday's ruling finds the Federal Maritime Commission's application of the interpretive rule under the Shipping Act to be "arbitrary and capricious," siding with the ocean carrier.

On the morning of July 5th, the DC Circuit United States Court of Appeals handed down a decision siding with Evergreen Shipping Agency in their call for review of the Federal Maritime Commission's (FMC) implementation of the Interpretive Rule under the Shipping Act as it applies to Detention and Demurrage fees. The full opinion can be found here.