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Ralls Corp. v. CFIUS

On July 15, 2014, Bancroft secured a unanimous victory in Ralls Corp. v. Committee on Foreign Investment in the United States, 758 F.3d 296 (D.C. Cir. 2014). In September 2012, President Obama, acting on a report from the Committee on Foreign Investment in the United States (CFIUS) and citing only unspecified “national security” concerns, issued an order that prohibited Ralls’ acquisition of four small windfarms in Oregon, barred Ralls from accessing its own property, and required Ralls to destroy all items on the property. On behalf of Ralls, Bancroft brought suit claiming that the President and CFIUS had violated Ralls’ rights under the Constitution and the Administrative Procedure Act. The district court dismissed the suit, but the D.C. Circuit unanimously reversed, concluding that the President’s order deprived Ralls of property without due process of law. Although CFIUS was established in 1975, this was the first case to consider a constitutional challenge to CFIUS proceedings. Paul D. Clement argued the case before the D.C. Circuit, and Viet D. Dinh argued the case before the District Court. H. Christopher Bartolomucci and George W. Hicks, Jr. assisted with the briefing.

Opinion