September 14, 2022, opinions

Designated for publication

  • BG Gulf Coast LNG, L.L.C. v. Sabine-Neches Navigation District, 22-40158, appeal from E.D. Tex.
    • Elrod, J. (Stewart, Elrod, Graves), Water Resources Development Act
    • Affirming 12(b)(6) dismissal of two shipping companies’ claims that a waterway district violated the WRDA by charging tonnage-based user fees for use of the waterway facilities to pay its local match for a federally authorized project under the Act to deepen and improve the shipping channel.
    • Section 2236 of the Act provided that port or harbor dues can only be levied on users “in conjunction with a harbor navigation project whose construction is complete (including a usable increment of the project).” The Court agreed with the district court that the parenthetical allowed the waterway district to charge the user fee once the first Anchorage deepening segment of the overall project had been completed, which it was prior to the charge of the user fee.
    • The Court also held that the district had discretion under the Act to use the user-fee-generated funds to secure financing at costs above 25% of the entire project cost.


  • U.S. v. Clark, 17-11079, appeal from N.D. Tex.
    • per curiam (Jones, Ho, Wilson), criminal, sentencing, Armed Career Criminal Act
    • Vacating defendant’s sentence on conviction of being a felon in possession of a firearm, and remanding for resentencing under the ACCA.
  • Island Operating Co. v. Sanchez, 22-60153, appeal U.S. Dep’t of Labor Benefits Review Board
    • per curiam (Stewart, Duncan, Wilson), Longshore and Harbor Workers’ Compensation Act
    • Affirming award of benefits under the LHWCA.