Evergreen Shipping Agency (America) Corp. v. FMC

── Evergreen Shipping Agency (America) Corp. v. FMC ── Court: Court of Appeals for the D.C. Circuit Date: April 28, 2026 Category: General United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 20, 2025 Decided April 28, 2026 No. 25-1104 EVERGREEN SHIPPING AGENCY (AMERICA) CORP. AND EVERGREEN LINE JOINT SERVICE AGREEMENT, PETITIONERS v. FEDERAL MARITIME COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS On Petition for Review of an Order on Remand of the Federal Maritime Commission Robert K. Magovern argued the cause for petitioners. With him on the briefs were Matthew Howell and Rachel Schwartz. Michael B. Kimberly was on the brief for amicus curiae the National Association of Waterfront Employers in support of petitioners. Paul W. Hughes, Andrew A. Lyons-Berg, and Grace Wallack were on the brief for amicus curiae in support of petitioners.  2 Phillip “Chris” Hughey, General Counsel, Federal Maritime Commission, argued the cause for respondents. With him on the brief were Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, and Stephanie E. Rice, Attorney-Advisor, Federal Maritime Commission. Harry J. Summers, Attorney, Federal Maritime Commission, entered an appearance. Before: CHILDS, Circuit Judge, and EDWARDS and GINSBURG, Senior Circuit Judges. Opinion for the Court filed by Senior Circuit Judge EDWARDS. EDWARDS, Senior Circuit Judge: This case involves a petition for review filed by Evergreen Shipping Agency (America) Corporation and Evergreen Line Joint Service Agreement (collectively, “Evergreen”), a common carrier, challenging an order issued by the Federal Maritime Commission (“FMC” or “Commission”) pursuant to its authority under the Shipping Act of 1984 (“Act”). The matter arises out of a dispute between TCW, Inc. (“TCW”), a trucking company, and Evergreen over “detention charges” that Evergreen levied on TCW for the late return of borrowed equipment. As we explain below, the dispute between TCW and Evergreen has consumed the affected parties for six years. FMC has heard the matter twice, and this is the second petition for review before this court. We now review the Order on Remand that was issued by the Commission following this court’s decision in Evergreen Shipping Agency (America) Corp. v. Federal Maritime Commission, 106 F.4th 1113 (D.C. Cir. 2024) (Evergreen I). This saga began in 2020 when Evergreen and Yamaha  3 Motor Company, Ltd. (“Yamaha”) entered into an agreement to transport goods from Japan to Newnan, Georgia. Evergreen was responsible for the ocean transportation of the goods from Japan to the Port of Savannah, Georgia. Yamaha designated TCW as its “Preferred Trucker” to complete the landside portion of the transportation between the Port of Savannah and Yamaha’s plant in Newnan. Evergreen allowed TCW to use Evergreen’s container and chassis for a limited time to facilitate transport of the goods to the Yamaha plant. TCW had 21 days of free time for Evergreen’s container and 4 days of free time for its chassis; thereafter, detention charges of $150 and $20 would accrue for the container and the chassis, respectively, every calendar day, including weekends and holidays. TCW picked up the shipment, including the container and chassis, from the port on April 28, 2020. Due to a COVID- related closure at the Yamaha plant in Newnan, TCW did not return the chassis and container to the port until May 26, which was 7 days late for the container and 22 days late for the chassis. Evergreen invoiced TCW $1,490 in detention charges. TCW objected to the $510 charged for May 23-25, when TCW was unable to return the equipment because the Port of Savannah was closed. Evergreen refused to waive the charges. TCW paid and then filed a complaint with the Commission against Evergreen. TCW argued the $510 charge was unjust and un