NATIONAL ASS'N OF MFRS. v. S.E.C.

No. 13-5252.

748 F.3d 359 (2014)

NATIONAL ASSOCIATION OF MANUFACTURERS, et al., Appellants v. SECURITIES and EXCHANGE COMMISSION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 2014.


Attorney(s) appearing for the Case

Peter D. Keisler argued the cause for appellants. With him on the briefs were Jonathan F. Cohn, Erika L. Myers, Quentin Riegel, Rachel L. Brand, and Steven P. Lehotsky.

Eric P. Gotting and Eric G. Lasker were on the brief for amici curiae American Chemistry Council, et al. in support of appellants.

Eugene Scalia, Thomas M. Johnson Jr., Harry M. Ng, and Peter C. Tolsdorf were on the brief for amicus curiae American Petroleum Institute in support of appellants.

John B. Bellinger III and Sarah M. Harris were on the brief for amicus curiae Experts on the Democratic Republic of the Congo in support of petitioners.

Mark T. Stancil was on the brief for amici curiae Retail Litigation Center, Inc., et al. in support in appellants.

Tracey A. Hardin, Assistant General Counsel, Securities and Exchange Commission, argued the cause for appellee. With her on the brief were Michael A. Conley, Deputy General Counsel, Benjamin L. Schiffrin, Senior Litigation Counsel, and Daniel Staroselsky, Senior Counsel.

Julie A. Murray, Adina H. Rosenbaum, and Scott L. Nelson were on the brief for intervenors-appellees Amnesty International USA, Inc., et al.

Dennis M. Kelleher and Stephen W. Hall were on the brief for amicus curiae Better Markets, Inc. in support of appellee.

Agnieszka Fryszman and Thomas J. Saunders were on the brief for amici curiae Senator Durbin, Congressman McDermott, et al. in support of appellee.

Jodi Westbrook Flowers was on the brief for amici curiae Global Witness, et al. in support of appellee.

Opinion concurring in part filed by Circuit Judge SRINIVASAN.


RANDOLPH, Senior Circuit Judge:

I.

For the last fifteen years, the Democratic Republic of the Congo has endured war and humanitarian catastrophe. Millions have perished, mostly civilians who died of starvation and disease. Communities have been displaced, rape is a weapon, and human rights violations are widespread.

Armed groups fighting the war finance their operations by exploiting the regional trade in several kinds of minerals. Those minerals...

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