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Third Circuit Court of Appeals Affirms Dismissal of NYSA's Complaint Against Commission for IPSIG Program.

February 7, 2012

            On February 7, 2012, the Third Circuit Court of Appeals affirmed the dismissal of the Amended Complaint filed by the New York Shipping Association ("NYSA") against the Commission, challenging the Commission's Independent Private Sector Inspector General ("IPSIG") program. The Court held that the NYSA's claims are abstract and this matter is not ripe for judicial review. The Court pointed out that the NYSA has not alleged that the Commission offered an NYSA member an IPSIG, or that the Commission has used the IPSIG program to deny a member's right to full administrative procedures. The Court noted that, "the legal question at issue in this matter - whether the Commission's actions fall within its statutory authorization - likely turns on how the IPSIG program will be implemented." The Court rejected the NYSA's argument that it had suffered a procedural injury, and indicated that it would not rule on the merits of the IPSIG program absent a demonstration of how the program "interfaces with the Commission's current licensing system."

            A complete copy of the Court's Opinion is attached.


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