American Hawaii Cruises v. Skinner

893 F.2d 1400, 282 U.S. App. D.C. 251, 1990 A.M.C. 1330, 1990 U.S. App. LEXIS 921, 1990 WL 4641
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 26, 1990
DocketNos. 89-5207, 89-5208 and 89-5223
StatusPublished
Cited by9 cases

This text of 893 F.2d 1400 (American Hawaii Cruises v. Skinner) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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American Hawaii Cruises v. Skinner, 893 F.2d 1400, 282 U.S. App. D.C. 251, 1990 A.M.C. 1330, 1990 U.S. App. LEXIS 921, 1990 WL 4641 (D.C. Cir. 1990).

Opinion

Opinion PER CURIAM.

PER CURIAM:

We confront and decide in this case the question whether the district court’s remand to an agency for further proceedings, coupled with dismissal of the case, constitutes an immediately reviewable order. In American Hawaii Cruises v. Skinner, 713 F.Supp. 452 (D.D.C.1989), the district court disposed of consolidated actions seeking review of a United States Coast Guard ruling. Denying cross-motions for summary judgment, the district court remanded the cases to the Coast Guard for reconsideration of that agency’s ruling; the court instructed the Coast Guard to set out the reasons supporting the decision reached by the agency on reconsideration, in light of the concerns expressed by the court in its opinion. After giving these directions, the district judge dismissed the court actions. American Hawaii Cruises, 713 F.Supp. at 469.

Contestants in the district court, S/S Monterey Limited Partnership (MLP), American Hawaii Cruises (AHC), and American Maritime Officers Service (AMOS), noticed appeals; the federal defendants-appellees, Samuel K. Skinner, Secretary of the Department of Transportation, and the Coast Guard, moved to dis[253]*253miss all the appeals on the ground that the district court’s decision is unreviewable at this time. We grant the motion, concluding that the district court’s order is not a final decision within the meaning of 28 U.S.C. § 1291, nor is it immediately reviewable under any exception to the final decision rule.

I. Background

In 1987, MLP converted the S/S Monterey from a rusting cargo ship into a modem, fully-equipped passenger liner, intending to operate the ship on cruises among the Hawaiian Islands. Because necessary modifications to the ship had been made in both the United States and Finland, MLP sought a ruling from the Coast Guard on whether the work performed violated the “rebuilding” proscription contained in the Jones Act. That provision, 46 U.S.C.App. § 883, bars rebuilt ships from engaging in the domestic (“coastwise”) trade unless the rebuilding is effected within the United States. An interpretive Coast Guard regulation states that “[a] vessel is rebuilt when any considerable part of its hull or superstructure is built upon or is substantially altered.” 46 C.F.R. § 67.27-3(a). In response to MLP's inquiry, the Coast Guard ultimately ruled, without elaboration, that the work on the S/S Monterey performed in Finland did not constitute proscribed “rebuilding.”

In August and September 1988, AHC (a competitor of MLP) and AMOS (a trade organization) filed separate suits in the district court invoking the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq., and asking the district court to set aside the Coast Guard’s decision as unlawful, an abuse of discretion and unwarranted on the facts. AHC and AMOS also sought an order directing the Coast Guard to revoke the license granted for the S/S Monterey’s engagement in the coastwise trade. The two complaints were nearly identical in substance and, therefore, were consolidated for proceedings in the district court.

In May 1989, the district court denied summary judgment to AHC and AMOS and also denied summary affirmance to the Coast Guard. Finding the agency’s decision unexplained and therefore unfit for judicial review, the district court returned the matter to the Coast Guard for further proceedings consistent with the court’s opinion, and dismissed the civil actions. We consolidated appeals noticed by AHC, AMOS, and MLP and turn now to the federal appellees’ motion to dismiss all appeals.

II. Discussion

AHC and AMOS resist dismissal first on the ground that the district court rendered a final order within the meaning of 28 U.S.C. § 1291 by dismissing their civil actions. It is plain, however, that the district court did not resolve the controversy; its order remanding the matter with instructions to the Coast Guard to engage in reasoned decisionmaking surely did not end the litigation on the merits. See Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945) (“A ‘final decision’ generally is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.”); Kappelmann v. Delta Airlines, Inc., 539 F.2d 165, 168 (D.C.Cir.1976). As we recently stated:

The courts of appeals that have considered the question ... have uniformly held that, as a general rule, a remand order is “interlocutory” rather than “final,” and thus may not be appealed immediately____ In so holding, the courts have generally pointed out that a party claiming to be aggrieved by final agency action can [return to court], if still aggrieved, at the conclusion of the administrative proceedings on remand.

Occidental Petroleum Corp. v. SEC, 873 F.2d 325, 329-30 (D.C.Cir.1989) (citations omitted).

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893 F.2d 1400, 282 U.S. App. D.C. 251, 1990 A.M.C. 1330, 1990 U.S. App. LEXIS 921, 1990 WL 4641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-hawaii-cruises-v-skinner-cadc-1990.