RALLS CORP. v. COMMITTEE ON FOREIGN INV. IN U.S.

No. 13-5315.

758 F.3d 296 (2014)

RALLS CORPORATION, Appellant v. COMMITTEE ON FOREIGN INVESTMENT IN the UNITED STATES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2014.


Attorney(s) appearing for the Case

Paul D. Clement argued the cause for the appellant. Viet D. Dinh , H. Christopher Bartolomucci and George W. Hicks, Jr. , were on brief.

Douglas N. Letter , Attorney, United States Department of Justice, argued the cause for the appellees. Stuart F. Delery , Assistant Attorney General, Ronald C. Machen, Jr. , United States Attorney, and Sonia K. McNeil , Attorney, were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.


Karen LeCraft Henderson, Circuit Judge:

In March 2012, Appellant Ralls Corporation (Ralls) purchased four American limited liability companies (Project Companies) previously formed to develop windfarms in north-central Oregon. The transaction quickly came under scrutiny from the Committee on Foreign Investment in the United States (CFRIUS), an Executive Branch committee created by the Defense Production Act of 1950(DPA), codified as amended at 50 U.S.C. app. §...

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