1. Home
  2. |Insights
  3. |Appeals Court Finds Foreign Investor Due More Process Than CFIUS Provided

Appeals Court Finds Foreign Investor Due More Process Than CFIUS Provided

Client Alert | 1 min read | 07.16.14

Yesterday in Ralls v Committee on Foreign Investment in the U.S., the D.C. Circuit reversed the district court's dismissal of Ralls' challenge to a Presidential Order requiring divestiture of its investment in certain wind farm properties, ruling procedurally that the Defense Production Act's prohibition on judicial review of the President's decision did not bar review of an as-applied constitutional due process challenge to the process by which the decision was reached. Substantively, the court held that Ralls was deprived of property without due process by the government's failure to provide Ralls with at least the unclassified information upon which the President relied and an opportunity to rebut that information, and the court also remanded to the district court to address Ralls' APA and other challenges to CFIUS's process and recommendations to the President.


Contacts

Insights

Client Alert | 4 min read | 07.27.26

WARNING: California’s Listing of Microplastics as a Candidate Chemical May Result in Unexpected, and Imminent, Compliance Obligations Under AB 1200 (California Safer Food Packaging and Cookware Act)

On June 18, 2026, the California Department of Toxic Substances Control (DTSC) added microplastics to the list of Candidate Chemicals maintained under the state’s Safer Consumer Products (SCP) regulations.  The listing of microplastics, which becomes effective on October 1, 2026, is the first step in the SCP regulatory process, which could lead to restrictions on products that contain or release microplastics. ...