## Facts

- Etoile LeBlanc and Stephen Ossen rented a kayak from J.R.D. Retailers Ltd., doing business as Syd & Dusty’s Outfitters.
- On July 4, 1994, while paddling on the Hudson River about 29 miles upstream of Fort Edward near Lake Luzerne, they were struck by a recreational motorboat.
- The motorboat was operated by Terry Cleveland and owned by Robert Grant, Jr.; the collision caused personal injuries.
- The Hudson River below Fort Edward is navigable to the sea and connected waterways, but the segment above Fort Edward toward the accident site contains rapids, multiple dams, and major waterfalls.
- The physical barriers prevent continuous through-navigation by commercial vessels on the relevant segment, though small recreational craft can use portions of the river with portages.
- Plaintiffs sued in federal court invoking admiralty jurisdiction; Cleveland and Grant brought a third-party claim against the outfitter under Rule 14(c).
- The district court dismissed for lack of subject-matter jurisdiction, finding the accident site was not on “navigable waters” for admiralty; the plaintiffs appealed.

## Issues

1. Whether the Hudson River at the collision site was “navigable waters” for federal admiralty tort jurisdiction.
2. Whether recreational use and possible historical navigability can satisfy admiralty’s navigability requirement despite present-day dams, rapids, and waterfalls blocking continuous commercial passage.

## Decision

- The Second Circuit affirmed the dismissal for lack of subject-matter jurisdiction.
- The court held the relevant Hudson River segment was not navigable for admiralty purposes because it was not presently capable of supporting interstate commercial trade or travel.
- The court rejected using the river’s historical or unimproved condition to establish admiralty navigability.
- The court held that recreational boating and portaging around obstructions did not establish navigability for admiralty jurisdiction.

## Legal Principles

- Admiralty tort jurisdiction requires that the wrong occur on “navigable waters,” meaning waters that function as a present-day highway for interstate commercial navigation.
- For admiralty, navigability turns on present capability to support interstate commercial trade or travel, not historical navigability or theoretical capability absent current obstructions.
- Navigability tests used in other contexts (including Commerce Clause and certain regulatory or title doctrines) are broader and do not control admiralty jurisdiction.
- Substantial recreational use, including small-craft passage with portages, is insufficient to show admiralty navigability when the waterway cannot support continuous commercial vessel traffic.
- Navigability may be assessed by river segments; a river can be navigable in one stretch and non-navigable in another based on current physical conditions and commercial capacity.

## Conclusion

Because the portion of the Hudson River where the collision occurred was obstructed and not presently capable of supporting interstate commercial navigation, federal admiralty jurisdiction did not exist and the case was properly dismissed for lack of subject-matter jurisdiction.


LeBlanc v. Cleveland, 198 F.3d 353 (2d Cir. 1999)