OOCL Mounts Constitutional Challenge Against FMC, Threatening Agency's Enforcement Power
Ocean carrier OOCL is legally challenging the U.S. Federal Maritime Commission's (FMC) authority to impose fines, arguing its internal administrative court system is unconstitutional. The challenge stems from an $850,000 penalty case where OOCL claims such matters should be heard by a jury in a federal court, not by an agency's administrative judge. Citing a recent Supreme Court decision involving the SEC, OOCL's move could potentially dismantle the FMC's entire enforcement mechanism. If successful, this constitutional gambit could have profound implications for how the U.S. government regulates the ocean shipping industry.
Official Source: https://theloadstar.com/oocls-constitutional-gambit-is-it-set-to-unravel-the-fmcs-entire-enforcement-machinery/