KOLOA RUM COMPANY v. NOEM
1:25-cv-00554
| D.D.C. | Jun 30, 2025Background
- Kōloa Rum Company filed suit against the Secretary of Homeland Security and the Acting Commissioner of U.S. Customs and Border Protection, challenging the constitutionality of the Jones Act.
- Kōloa alleges the Jones Act, requiring U.S.-built, U.S.-owned, and U.S.-crewed vessels for transport between U.S. ports, discriminates against Hawaiian ports, increasing shipping costs for Hawaiian businesses.
- Kōloa also asserts that the law violates its Fifth Amendment right to earn a living without due process of law.
- The company seeks declaratory and injunctive relief to prevent the enforcement of the Jones Act as applied to interstate commerce between Hawai‘i and the mainland U.S.
- American Maritime Partnership (AMP), Maritime Trades Department (MTD), and Matson Navigation Company, all with significant interests in the Jones Act, moved to intervene to defend the Act.
- Both plaintiff and defendants opposed the intervention motions, citing concerns about delay and unnecessary expansion of the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AMP, MTD, and Matson should be allowed to intervene | Intervention will cause delay, duplicated efforts, and irrelevant fact development | Intervention will cause delay and unwarranted expansion of the case | Intervention motions granted; intervenors must comply with existing deadlines. |
Key Cases Cited
- Building and Const. Trades Dep’t, AFL-CIO v. Reich, 40 F.3d 1275 (D.C. Cir. 1994) (sets four requirements for intervention as of right)
- EEOC v. Nat’l Child.’s Ctr., Inc., 146 F.3d 1042 (D.C. Cir. 1998) (explains standards for permissive intervention under Rule 24(b))
- Va. House of Delegates v. Bethune-Hill, 587 U.S. 658 (2019) (intervenor participation supporting defendants does not invoke independent subject matter jurisdiction)
