Maher Terminals, LLC v. FMC, No. 15-1035 (D.C. Cir. 2016)
Annotate this CaseMaher, a marine terminal operator, challenges a decision of the Commission authorizing preferential lease terms to a competitor, APM-Maersk. The court concluded that, assuming arguendo that the Commission adequately responded to Maher’s contention that the same rates should be extended to it, the Commission’s explanation as to why APM-Maersk’s preference was based on a “transportation factor” was hopelessly convoluted, particularly in light of its precedent. The court remanded the case to the Commission for a more adequate explanation of its decision and policy. Accordingly, the court granted the petition for review and remanded.
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