Lakes Pilots Ass'n v. United States Coast Guard, 359 F.3d 624 (D.C. Cir. 2004). · Go Syfert
Lakes Pilots Ass'n v. United States Coast Guard, 359 F.3d 624 (D.C. Cir. 2004). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 6 distinct courts.
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Friends of Animals v. United States Bureau of Land Management (2×) also: Cited "see"
D.C. Cir. · 2026 · confidence medium
If Appellant remains aggrieved following remand, it will “be able again to seek judicial review, including review in the court of appeals, raising not only new issues but all those on which it got no satisfaction in its original challenge.” Lakes Pilots Ass’n, Inc. v. U.S. Coast Guard, 359 F.3d 624, 625 (D.C.
discussed Cited as authority (rule) Ramirez Canyon Preservation Fund v. Cal. Coastal Com. CA2/8 (2×) also: Cited "see, e.g."
Cal. Ct. App. · 2026 · confidence medium
The court relied on analogous federal precedent noting that in cases finding an order would effectively evade review unless the order was immediately appealable, “ ‘the remand orders [federal appellate courts] have recognized as satisfying this requirement have been uniform in one respect: all were challenged on appeal by an administrative agency.’[ ] ‘The principle is not normally available,’ however, ‘to the agency’s adversary.’ ” (Jackson, supra, 99 Cal.App.5th at p. 660, quoting Alsea Valley Alliance v. Department of Commerce (9th Cir. 2004) 358 F.3d 1181 , 1184 and Lakes…
discussed Cited as authority (rule) Jackson v. Bd. of Civil Service Comrs. of the City of Los Angeles
Cal. Ct. App. · 2024 · confidence medium
Cir. 2004) 359 F.3d 624, 625 (Lakes Pilots Assn.).) A limited exception applies “‘where (1) the district court conclusively resolves a separable legal issue, (2) the remand order forces the agency to apply a potentially erroneous rule which may result in a wasted proceeding, and (3) review would, as a practical matter, be foreclosed if an immediate appeal were 10 While the Supreme Court in Dhillon acknowledged “principles of finality under federal and California law may not be coextensive,” the Court stated federal authority governing when a district court order remanding a matter to a…
discussed Cited as authority (rule) Western Energy Alliance v. Salazar
10th Cir. · 2013 · confidence medium
The logical corollary of this principle is that we rarely take “jurisdiction over appeals involving private litigants seeking immediate appeal of remand orders because the issues presented would be reviewable upon conclusion of the remand proceedings.” Miami Tribe, 656 F.3d at 1140 n. 14 (emphasis added); see also Trout Unlimited, 441 F.3d at 1219 (“In Bender , this court applied the exception to the administrative-remand rule when we determined the case involved a ‘serious and unsettled’ question regarding federal oil and gas leasing and was urgent because refusal to assert jurisdic…
discussed Cited as authority (rule) Khadr v. United States
D.C. Cir. · 2008 · confidence medium
But " '[a] remand order usually is not a final decision,' ” Lakes Pilots Ass'n, Inc. v. U.S. Coast Guard, 359 F.3d 624, 625 (D.C.Cir.2004) (quoting NAACP v. U.S. Sugar Corp., 84 F.3d 1432 , 1436 (D.C.Cir.1996)).
discussed Cited "see" Sierra Club v. United States Department of Agriculture
D.C. Cir. · 2013 · signal: see · confidence high
See Lakes Pilots Ass’n, Inc. v. U.S. Coast Guard, 359 F.3d 624, 625 (D.C.Cir.2004); NAACP v. U.S. Sugar Corp., 84 F.3d 1432 , 1436 (D.C.Cir.1996); Occidental Petroleum Corp. v. SEC, 873 F.2d 325, 330-32 (D.C.Cir.1989).
cited Cited "see" North Carolina Fisheries Ass'n, Inc. v. Gutierrez
D.C. Cir. · 2008 · signal: see · confidence high
See Lakes Pilots Ass’n v. U.S. Coast Guard, 359 F.3d 624, 625 (D.C.Cir.2004). 5 We have recently applied this principle in a similar dispute involving the Service.
discussed Cited "see" Oceana, Inc. v. Gutierrez (2×)
D.C. Cir. · 2006 · signal: see · confidence high
See Lakes Pilots Ass’n v. U.S. Coast Guard, 359 F.3d 624, 625 (D.C.Cir.2004) (“A remand order usually is not a final decision” (citation omitted)).
discussed Cited "see, e.g." Michael Adkins v. US Dept of Agriculture, e
5th Cir. · 2018 · signal: see also · confidence low
Richardson v. Perales , 402 U.S. 389 , 91 S.Ct. 1420 , 28 L.Ed.2d 842 (1971) ; see also Lakes Pilots Ass'n, Inc. v. U.S. Coast Guard , 359 F.3d 624 , 625 (D.C.
Retrieving the full opinion text from the archive…
LAKES PILOTS ASSOCIATION, INC., Appellant,
v.
UNITED STATES COAST GUARD and Thomas J. Ridge, Secretary of the Department of Homeland Security, Appellees
03-5152.
Court of Appeals for the D.C. Circuit.
Mar 9, 2004.
359 F.3d 624
Michael Roberts and Lawrence C. Friedman were on the briefs of appellant., Roscoe C. Howard, Jr., U.S. Attorney, R. Craig Lawrence and Sherrie Evans Harris, Assistant U.S. Attorneys, were on the brief of appellees.
Ginsburg, Henderson, Williams.
Cited by 9 opinions  |  Published

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

[*625] WILLIAMS, Senior Circuit Judge:

Lakes Pilots Association, Inc. sued in district court claiming that the Coast Guard misapplied the relevant formula in setting rate ceilings for pilotage services. The district court granted in part and denied in part the parties’ cross-motions for summary judgment. While accepting various Coast Guard positions, it ruled for the pilots on three merits issues and remanded for further proceedings consistent with its order. The pilots appeal those aspects of the district court’s opinion that were unfavorable to them (ripeness as to one issue, one substantive merits decision, and a claim based on certain non-record documents). Finding that we do not have jurisdiction to hear this appeal, we dismiss.

The courts of appeals have jurisdiction to hear “appeals from all final decisions of the district courts.” 28 U.S.C. § 1291. “A remand order usually is not a final decision.” NAACP v. United States Sugar Corp., 84 F.3d 1432, 1436 (D.C.Cir.1996). But the pilots invoke the collateral order exception created by Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). To qualify under that doctrine the order being appealed must: “(i) conclusively determine the disputed question; (ii) resolve an important issue completely separate from the merits of the action; and (iii) be effectively unreviewable on appeal from a final judgment.” Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370, 375, 107 S.Ct. 1177, 94 L.Ed.2d 389 (1987) (citation and internal quotations omitted).

Under limited circumstances a remand order will qualify. The third requirement — that the decision not be susceptible of appeal from a final judgment— is met when “the agency to which the case is remanded seeks to appeal and it would have no opportunity to appeal after the proceedings on remand.” Occidental Petroleum Corp. v. SEC, 873 F.2d 325, 330 (D.C.Cir.1989); see also MCI Telecommunications Corp. v. BellSouth Telecommunications Inc., 298 F.3d 1269, 1271 (11th Cir.2002) (same). The principle is not normally available to the agency’s adversary. This asymmetry may seem strange, but it flows from an evenhanded application of the requirement that the error asserted not be remediable on appeal from a final judgment. Here, for example, the pilots will still be aggrieved by the outcome (assuming that the Coast Guard doesn’t spontaneously change its position on the issues where the district court rejected its claims) and thus will be able again to seek judicial review, including review in the court of appeals, raising not only new issues but all those on which it got no satisfaction in its original challenge. Mall Properties, Inc. v. Marsh, 841 F.2d 440, 443 (1st Cir.1988). The Coast Guard, by contrast, will have to follow on remand the standard declared by the district court, and will be able to get appellate review only if another party seeks appellate relief, Occidental Petroleum, 873 F.2d at 330, and then only under some circumstances. See Consarc Corp. v. Iraqi Ministry, 27 F.3d 695, 700 (D.C.Cir.1994) (describing use of pendant appellate jurisdiction to review an interlocutory order that is not yet subject to appeal but is “closely related” to an appealable order); Freeman v. B & B Assocs., 790 F.2d 145, 151 (D.C.Cir.1986) (appellate court will consider any argument by an appellee that supports the judgment of the district court). The pilots mistakenly rely on Chugach Alaska Corp. v. Lujan, 915 F.2d 454, 457 (9th Cir.1990), which is simply a straightforward application of these concepts, allowing an agency to appeal from a district court remand order.

[*626] * *

The appeal is accordingly dismissed.

So ordered.