7 Mistakes You're Making with FMC Compliance (and How the Evergreen Ruling Affects You)

The Federal Maritime Commission (FMC) is cracking down on detention and demurrage (D&D), and the Evergreen v. FMC ruling just set a new precedent for "unreasonable" charges. If you aren't auditing your invoices against the new "Incentive Principle," you’re leaving money on the table: or worse, facing heavy penalties.

The Evergreen Precedent: Fluidity First

The Evergreen ruling (upheld in 2026) reinforces that detention must incentivize freight fluidity. If a port is closed and equipment cannot be returned, carriers can no longer charge detention unless they can prove actual compensatory costs. For Mid-Atlantic fulfillment partners, this means blind billing is dead. You need real-time data to challenge unjust charges that do not serve their primary purpose of moving cargo.

Billing Rules: The 30-Day Clock

The FMC’s 2024 Final Rule is the law of the land. Common mistakes include missing the 30-day invoice deadline or failing to include mandatory data like container availability dates. While the 2025 court decision vacated restrictions on who can be billed: bringing motor carriers back into the mix: the content of the invoice remains strictly regulated. If an invoice hits your desk more than 30 days after the cargo leaves the terminal, it is legally unenforceable.

Audit Your Inbound Logistics

To stay compliant, treat every D&D charge as a data problem. Ensure your Glen Burnie warehouse or 3PL Maryland partner provides documented return attempts. Stop paying for "arbitrary and capricious" fees that lack supporting documentation. Whether you are managing a food-grade warehouse or a Hazmat certified 3PL, visibility is your best defense against non-compliant ocean carriers.

Lanta Logistics delivers structured, performance-driven logistics to ensure your supply chain remains compliant and cost-effective: contact us today to optimize your Mid-Atlantic fulfillment.