Canoe & Kayak Magazine seeks Potomac River Closure Lawsuit Understanding from Adam Van Grack

Last year, the U.S. Coast Guard issued an Interim Rule which allowed the Coast Guard to close a popular section of the Potomac River at will. Longman & Van Grack attorney Adam Van Grack was interviewed by multiple news sources (including the Washington Post, New York Times, and Washingtonian) related to this Interim Rule and the Potomac River closure. While the official notice and comment period for this Interim Rule expired over a year ago in August 2017, the Coast Guard has taken no action has been related to the Interim Rule since its implementation. Recently, the Canoe Cruisers Association filed a lawsuit in the U.S. District Court for the District of Maryland against the Coast Guard (and Department of Homeland Security) related to the Rule. The Canoe Cruisers Association lawsuit against the Coast Guard (Canoe Cruisers Association of Greater Washington DC v. Schultz et al., Case No. 8:18-cv-02914 (D. Md 2018)) is based on the Administrative Procedure Act and seeks to hold the Coast Guard (and Department of Homeland Security) accountable for their non-action on the Interim Rule and (claimed) “overbroad” nature of the rule. The section of the Potomac River which the Interim Rule addresses is one of the most popular sections of the entire Potomac River for recreational use (including canoeing, kayaking, fishing, boating, swimming, and tubing).

Canoe & Kayak Magazine recently sought out Longman & Van Grack attorney Adam Van Grack for an understanding of the Potomac River closure situation as well as an understanding of the Canoe Cruisers Association’s lawsuit. Mr. Van Grack explained to Canoe & Kayak Magazine that: “This case places directly at issue the government’s right to completely close off an extremely well-used and active section of a major navigable river with the rights of boaters, paddlers, campers, schools, and businesses to use that navigable river.” Mr. Van Grack further stated that: “This case could create caselaw which establishes the boundaries of the federal government to restrict access to an extremely well-used waterway.” The Coast Guard’s Potomac River closure area specifically extends from the Virginia shore to the Maryland shore approximately 2 miles in length. Mr. Van Grack represented two of the recreation businesses affected by the Interim Rule and the Potomac River closure during the implementation of the Coast Guard’s Interim Rule as well as the rule’s notice and comment period.

Closures of rivers and other navigable waterways are within the navigable servitude power of the federal government (through the commerce clause); however, such powers are not unlimited. Aside from challenging the non-action of the Coast Guard related to the Interim Rule. The Canoe Cruisers Association lawsuit puts at issue the rights of the government to close this section of river.

The litigation and recreation law attorneys at Longman & Van Grack represent many parties on appeals, property disputes, river disputes, and recreation law issues in Maryland, Virginia and Washington DC. Specifically, Adam Van Grack has represented many clients related to recreation rights, river access, river rights, and property rights. To set up a consultation with Adam or one of our other attorneys about river rights or any other matter call (301) 291-5027. Our attorneys are available at our Maryland (Bethesda and Rockville), Virginia, or Washington, DC offices.