News & Analysis as of

U.S. Commerce Department Appeals

Mintz

ACK RAT's attempt to kill the Vineyard Wind Project ended exactly as we knew it would -- in defeat -- but not without damage.

Mintz on

The First Circuit Court of Appeals has finally ended the Nantucket Residents Against Turbines' lawsuit against the United States Bureau of Ocean Energy Management, the National Oceanic and Atmospheric Administration, the...more

McDermott Will & Emery

Rough Seas Ahead? Supreme Court to Reconsider Chevron Doctrine

McDermott Will & Emery on

The Supreme Court of the United States has agreed to reconsider the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute that US Congress delegated to the...more

Keating Muething & Klekamp PLL

SEC Sued Over Newly Adopted Share Repurchase Rules

On Friday, May 12, 2023, the U.S. Chamber of Commerce announced that it had filed a lawsuit against the SEC to prevent implementation of the SEC’s new Share Repurchase Disclosure Modernization rules, which KMK has recently...more

Bass, Berry & Sims PLC

FedEx Held Liable for Act Done Unwittingly and Unknowingly

Bass, Berry & Sims PLC on

On July 8, the United States Court of Appeals for the District of Columbia upheld a lower court’s ruling dismissing a complaint from Federal Express Corporation (FedEx) and holding it liable for violating the Export Control...more

Franczek P.C.

Supreme Court Issues Two Decisions With Implications for Public Schools

Franczek P.C. on

The Supreme Court closed out its current term this week, issuing decisions in two cases with important implications for public schools. In Kisor v. Wilkie, issued yesterday, a surprising majority of the Court (the liberal...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Confirms Limits to the Suspension of Liquidation in Scope Disputes

Antidumping and countervailing duty orders address unfairly priced and subsidized imports that enter the United States. Each order contains a “scope” that identifies in part the “class or kind” or merchandise covered by...more

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit Addresses Who Has Standing to Challenge Commerce Scope Rulings

Let’s say you import widgets that potentially fall within the scope of an antidumping or countervailing duty order. You wonder in good faith whether the U.S. Department of Commerce (Commerce) may subject the imported widgets...more

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Says No to Papierfabrik

Few international trade disputes make their way to the Supreme Court of the United States (SCOTUS). In the vast majority of these appeals, SCOTUS simply denies the petition for certiorari without comment. Indeed, SCOTUS last...more

Foley Hoag LLP - Environmental Law

The Ninth Circuit Reminds Us — Again — Just How Powerful the Endangered Species Act Is

On Tuesday, the 9th Circuit Court of Appeals affirmed the Commerce Department’s designation of critical habitat for the southern distinct population segment of green sturgeon, once again reminding us just how difficult it is...more

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