K&L Gates Advises American Maritime Partnership on Defense of Jones Act Constitutional Challenge

Global law firm K&L Gates LLP advised American Maritime Partnership, a trade association representing US-flag vessel operators, on the successful defense of a constitutional challenge to the Jones Act in federal court. The Jones Act has been a cornerstone of US maritime law for more than a century, governing domestic waterborne commerce and national maritime policy. 

The K&L Gates team intervened on behalf of the client in Koloa Rum Co. v. Noem, a lawsuit filed in the US District Court for the District of Columbia challenging the Department of Homeland Security’s enforcement of the Jones Act, the federal law requiring that transportation of goods between domestic US ports be conducted on US-built, owned, and crewed vessels.  

The plaintiff alleged that enforcement of the statute violated the Constitution’s Port Preference Clause and Equal Protection Clause. Over the objections of both the plaintiff and the federal government, the court permitted the K&L Gates team to intervene and subsequently granted the motion to dismiss, holding that the claims were time‑barred under the Administrative Procedure Act’s six‑year statute of limitations and otherwise without legal merit.  

The matter was led by Nashville partner Tim Hobbs, Washington, DC partner Varu Chilakamarri, and Seattle associate David Wang. Washington, DC partners Mark Ruge and Elle Stuart and government affairs counselor Darrell Conner also provided support on the matter.  

“Defending this case required close coordination across offices and disciplines, as well as a clear focus on the statutory and procedural framework governing the claims,” said Nashville partner Tim Hobbs. “We were pleased to work with American Maritime Partnership to present a concise and effective defense of the Jones Act on their behalf.”