On Thursday, July 16, 2011, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California issued a decision dismissing the United States’ appeal of a previous order by the court for the U.S. Centers for Disease Control and Prevention to cease all efforts to prevent California from issuing a “conditional” or “temporary” sailing permit to the Golden Gate National Recreation Area.
A federal judge in Oregon has dismissed the Center for Disease Control’s (CDC) appeal to dissolve the immediate revocation of the agency’s conditional sailing permit. The CDC’s conditional permit was revoked by the United States Coast Guard in May following the agency’s violation of the federal Clean Water Act. The CDC’s conditional permit was revoked by the United States Coast Guard in May following the agency’s violation of the federal Clean Water Act. Following the revocation, the CDC appealed the revocation in the U.S. 9th Circuit Court of Appeals.
On Friday, the National Park Service (NPS) issued a conditional sailing order in federal court, which requires a maritime company to cease any marina operations until the company can prove it has the necessary certifications to operate in the water. The NPS and the National Oceanic and Atmospheric Administration (NOAA) are suing a company called Edgewater Marina in federal court, claiming that the marina is violating the “no anchoring” rule in the San Diego Bay.. Read more about cdc cruise injunction and let us know what you think.
The CDC had requested a stay of the injunction on the Conditional Sail Order earlier this week, as we reported. Judge Merryday didn’t have to think long about whether or not he should issue a stay in the case. The judge’s response was a plain and unequivocal DENIED.
The CSO’s injunction will stay in place and take effect on July 18, as originally scheduled. This decision has no bearing on the government organization’s appeal to the United States Court of Appeals in Atlanta.
The CDC, on the other hand, has demonstrated no reason why it should be allowed to impose severe and needless restrictions on one sector, according to the court.
It Isn’t About Your Health
While the CDC maintains that this lawsuit is about the steps the cruise industry must take to protect passengers’ health and well-being while preventing the spread of COVID onshore and aboard, Judge Merryday has a different perspective.
According to Fox Business, the CDC is mistaking this for a health problem, and the court sees the CDC wielding undue governmental authority, according to the three-page answer the judge penned:
“This lawsuit is about the use and abuse of governmental authority, not about whether health measures against COVID-19 are required or beneficial onboard a cruise ship.”
Photo credit: Shutterstock.com/Felix Mizioznikov
The CDC then utilizes this authority to reject local health authorities’ capacity to cope with any scenario that may arise:
“Although CDC invariably garnishes the argument with dire prospects of ‘transmission’ of COVID-19 aboard a cruise vessel, these dark allusions dismiss state and local health authorities, the industry’s self-regulation, and the thorough and costly preparations and accommodations by all concerned to avoid ‘transmission’ and to confine and control the ‘transmission,’ if one occurs,”
Judge Merryday is likely to have taken into consideration the fact that he gave the CDC the opportunity to create an alternative to the CSO, which the CDC has refused to do. The administration has also failed to show that a delay would cause substantial harm to the CDC, the United States, any third parties, or the general public.
Florida’s Lawsuit Against the CDC to Restart Cruises Has Been Referred to Mediation
So, what’s next?
Judge Merryday’s decision on the CSO and the CSO’s request for a stay is not the end of the road for the CSO. The CSO will stay in place even after July 18. The difference is that instead of becoming a rule, the CSO would become a suggestion. That is, cruise companies may choose whether or not to act on it.
If the CDC’s appeal in the US Court of Appeals for the Eleventh Circuit is successful, the whole Conditional Sail Order may be restored in Florida. The CSO will remain in place until November.
The cruise companies may opt to follow the regulations on their own, since most ships will be departing within the next month and preparations to sail under the CSO are already ongoing or complete.
The CDC has lost and will lose again. The case was the first time the CDC has gone to court to try and force ships to sail with a technologically-disabled course. (The U.S. EPA is likely going to follow suit.) The CDC had also sued the USACE for the same thing, and a lower court ruled that the CDC’s actions were “unconstitutional” and that the CDC had no standing to sue.. Read more about cdc cruise order and let us know what you think.
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