In a tort action against the U.S. based on the Coast Guard's decision to phase out single-hulled oil barges such as those operated by Plaintiff, the dismissal of the complaint is affirmed where Plaintiff identified no duty that could give rise to liability under state law.
Argued April 14, 2009
Decided June 30, 2009
Opinion by Judge Brown
Concurrence by Judge Rogers
Sydney A. Foster, Attorney, U.S. Department of Justice, Washington, DC