Posted by Jonathan Adler:
Banner Day at D.C. Circuit:
http://volokh.com/archives/archive_2007_01_07-2007_01_13.shtml#1168619232
The [1]U.S. Court of Appeals for the D.C. Circuit handed down [2]six
published opinions today, several of which seem notable (though I have
not had the chance to read them all yet). Among today's opinions are:
* - [3]Doe v. ExxonMobil Corp., a divided opinion on the
justiciability of claims brought under the Alien Tort Statute and
the Torture Victims Protection Act, in addition to various common
law claims, based upon ExxonMobil's alleged complicity with human
rights abuses in Indonesia. Judge Sentelle wrote the majority for
himself and Judge Edwards; Judge Kavanaugh dissented.
* - [4]United States v. Henry, another opinion sorting out the
implications of Booker (among other things). The court's opinion
is per curiam, but Judges Henderson and Kavanaugh wrote separate
concurring opinions.
* - [5]NARUC v. FERC, an otherwise unanimous opinion reviewing a
Federal Energy Regulatory Commission order splits over the
question of whether FERC has the authority to adopt rules that
regulate the use of the states' eminent domain power by or on
behalf of utilities. Judge Sentelle's partial dissent says the
answer is "no." Judge Williams' majority opinion argues FERC is
not really regulating the states' use of eminent domain.
* - [6]CREW v. FEC, a opinion finding that Citizens for
Responsibility and Ethics in Washington lacked standing to
challenge the Federal Election Commission's resolution of its
complaint alleging that Grover Norquist and Americans for Tax
Reform illegally gave the Republican Party an in-kind corporate
contribution, in the form of a list of conservative activists.
I've oversimplified these cases in my summaries (in part because I've
only skimmed them myself), so I apologize in advance if I've missed
important aspects of these cases. I hope to post more on at least some
of them, even if only to provide links to fuller discussions and
analyses on other blogs.
References
1. http://www.cadc.uscourts.gov/internet/internet.nsf
2. http://pacer.cadc.uscourts.gov/common/opinday/200701/070112.htm
3. http://pacer.cadc.uscourts.gov/docs/common/opinions/200701/05-7162a.pdf
4. http://pacer.cadc.uscourts.gov/docs/common/opinions/200701/04-3076a.pdf
5. http://pacer.cadc.uscourts.gov/docs/common/opinions/200701/04-1148a.pdf
6. http://pacer.cadc.uscourts.gov/docs/common/opinions/200701/06-5014a.pdf
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