D.C. Court of Appeals Denies Angelex Relief for Damages for Unreasonable Delay under AAPS

Angelex, Ltd. v. United States, 2018 WL 5725428, 2018 U.S. App. LEXIS 31068 (D.C. App. Nov. 2, 2018)

            The U.S. Court of Appeals for the District of Columbia on November 2, 2018 affirmed the trial court’s grant of summary judgment in favor of the U.S. resulting in dismissal of the vessel owner’s claim for damages under 33 U.S.C. § 1904(h) of the Act to Prevent Pollution From Ships. Angelex asserted that the detention of the vessel in Norfolk, Va. was unreasonable.  After an indictment on failing to maintain an accurate oil record book as required by AAPS and the regulations and later conviction of the chief engineer, Angelex sued the U.S. in the District Court for the District of Columbia. On appeal, the unanimous court stated that § 1904(h) “ requires a party seeking damages to prove two elements. First, the Coast Guard must have "unreasonably detained or delayed" the ship. Whether the Coast Guard acted "unreasonably" is a question of law. (citation omitted) Second, as a result of the detention or delay, the ship must have suffered “loss or damage.’” Summary judgment was appropriate and affirmed.