In this long-running dispute, now before us for a fifth time, McKesson Corporation alleges that the state of Iran unlawfully expropriated its investment in an Iranian dairy company. In this appeal, Iran raises a number of challenges to the latest decisions of the district court. We hold that the district court properly asserted subject matter jurisdiction, but reverse its conclusion that the treaty provides a cause of action and its refusal to reconsider its earlier ruling that customary...  

In this facial challenge, appellants contend that Title I of the Sarbanes-Oxley Act of 2002 ("the Act"), 15 U.S.C. §§ 7211-19, violates the Appointments Clause of the Constitution and separation of powers because it does not permit adequate Presidential control of the Public Company Accounting Oversight Board ("the Board"). Congress, however, made the Board's exercise of its duties subject to the comprehensive control of the Securities and Exchange Commission ("the...  

The 1990 Amendments to the Clean Air Act compel certain stationary sources of air pollution to obtain permits from state and local authorities that identify all emission limits for the source and also include "monitoring... ... ... requirements to assure compliance with the permit terms and conditions." 42 U.S.C. § 7661c(c). Sometimes, existing monitoring requirements do not "assure compliance." The Environmental Protection Agency ("EPA") promulgated a rule...  

In his 2003 State of the Union address, President George W. Bush reported that "[t]he British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa."1 Those sixteen words set off a series of events which resulted in the disclosure of Valerie Plame Wilson's previously covert status at the Central Intelligence Agency. Valerie Plame Wilson and her husband, Joseph C. Wilson IV, have filed this action for damages to remedy the injuries they...  

In 2004, Fannie Mae announced one of the largest corporate earnings restatements in U.S. history. Numerous investigations and official reports followed. The story of Fannie Mae told by these reports is disturbing. It thus comes as no surprise that the Fannie Mae accounting debacle has generated a wave of lawsuits. In this case, certain Fannie Mae shareholders filed a derivative suit on behalf of Fannie Mae against the Company's directors. The complaint targets the directors' failure to prevent...  

The Association of Civilian Technicians, Puerto Rico Army Chapter (ACT), petitions for review of a ruling by the Federal Labor Relations Authority (FLRA) concerning a contract provision that requires... ... ... reimbursing employees for certain personal expenses. The Department of Defense (DOD) deemed the provision contrary to law and thus not negotiable under the federal collective bargaining statute, 5 U.S.C. §§ 7101 et seq. FLRA agreed, holding that the provision is contrary to law...  

On this appeal, Cheryl Steele contends that the district court wrongly dismissed her claims against her former employer, the United States Department of Agriculture, for creating a hostile work environment and unlawfully retaliating against her in violation of Title VII of the Civil Rights Act of 1964. We agree. We therefore reverse the court's grant of summary judgment against Steele on those claims... I... Steele is an African-American woman who worked as an economist in the U.S. Department...  

A group of Protestant Navy chaplains sued the Navy, alleging that the Navy's operation of its retirement system discriminates in favor of Catholic chaplains in violation of the Establishment Clause. But the plaintiffs do not claim that the Navy actually discriminated against any of them. We conclude that plaintiffs lack standing to bring this claim, and we therefore affirm the judgment of the District Court... I... The U.S. Navy maintains a Chaplain Corps of commissioned Navy officers to meet...  

The issue on appeal is the extent to which sovereign immunity protects a federally recognized Indian tribe and its officers against suit. For the reasons that follow, we hold that the suit may proceed against the tribe's officers but not against the tribe itself... I... The Cherokee Nation shares with the United States a common stain on its history: the Cherokees owned African slaves. At the end of the Civil War, during which the tribe sided with the Confederacy, the Cherokee Nation and the...  

The FTC sought a preliminary injunction, under 15 U.S.C. § 53(b), to block the merger of Whole Foods and Wild Oats. It appeals the district court's denial of the injunction, which we reverse. We do so reluctantly, admiring the thoughtful opinion the district court produced under trying circumstances in which the defendants were rushing to a financing deadline and the FTC presented, at best, poorly explained evidence. Nevertheless, the district court committed legal error in assuming market...  

The plaintiff-appellants in these four antitrust class actions are wholesale purchasers of Tiazac (extended-release Diltiazem Hydrochloride, hereinafter Diltiazem HCl), a controlled-release drug for hypertension and angina. They alleged that Biovail Corporation, which manufactures Tiazac, misused a patent to keep off the market a generic equivalent manufactured by Andrx Pharmaceuticals, Inc., in violation of federal and state antitrust laws. The district court entered summary judgment for...  

For nearly one hundred years, the operator of the Link River Dam provided low-cost electric power for irrigation use in and around the Klamath River Basin in southern Oregon and northern California, pursuant to a contract first executed in 1917 and later extended in connection with the licensing of the dam. In 2006, the Federal Energy Regulatory Commission (FERC) decided that an annual license issued to the dam's operator would not include the terms of that contract. The Klamath Water Users...  

In June 2001 and April 2005, Dominion Transmission, Inc. (Dominion)—a major provider of natural gas transportation and storage services in six Mid-West and Mid-Atlantic states—along with the majority of its customers, submitted two proposed settlement agreements to the Federal Energy Regulatory Commission (FERC or Commission) for its approval.1 Both agreements provided, inter alia, for a fixed set of rates and fuel retention percentages for Dominion's services for a fixed time...  

This is an appeal by Stolt-Nielsen Transportation Group ("Stolt-Nielsen") from a summary judgment in favor of the United States in a FOIA action in which Stolt-Nielsen had sought, inter alia, all amnesty agreements entered into by the Antitrust Division of the United States Department of Justice since 1993. The district court held that the agreements were exempt under several provisions of the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The court further held that...  

Defendant-appellants, Socialist People's Libyan Jamahiriya and the Libyan External Security Organization ("LESO") (hereinafter collectively "Libya"), bring this interlocutory appeal from an order of the district court denying in part their motion to dismiss. Plaintiff-appellee La Réunion Aérienne ("LRA"), a French partnership representing the interests of a group of insurance companies, brought suit against Libya alleging that it had made compensation payments...  

Pacific Gas & Electric Company (PG&E) petitions for review of Federal Energy Regulatory Commission (FERC) orders that require the California Independent System Operator, rather than Participating Transmission Owners like PG&E, to conduct interconnection studies when a new electric generator seeks to interconnect with the electric transmission grid. PG&E contends that the orders violate § 206 of the Federal Power Act. But PG&E's petition, while cloaked in the guise of a challenge to the...  

A jury convicted Melvin George of robbing a Citibank branch of $2,095, in violation of 18 U.S.C. § 2113(a). For this crime he received a sentence of ninety-two months in prison followed by three years of supervised release. Mr. George's sister, Janene George, gave crucial testimony against him. At trial, Mr. George wanted to cross-examine his sister about her mental illness. Doing so, he believes, would have shown she was neither competent nor credible. The district court, finding no basis...  

A provision of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act limits the disclosure, "pursuant to section 30167(b)" of the National Traffic and Motor Vehicle Safety Act, of certain early warning reporting data. Appellant Rubber Manufacturers Association contends that the limits imposed by the TREAD Act apply not only to disclosures made "pursuant to section 30167(b)," but also to disclosures made in response to requests under the Freedom of...  

Edmund Chein (Chein) seeks review of the revocation of his practitioner's registration and the denial of his application for a... ... ... registration to export Schedule III non-narcotic and Schedule IV controlled substances—both actions taken by the United States Drug Enforcement Administration (DEA). The DEA Deputy Administrator (DA) found that it was not in the public interest to renew Chein's practitioner's registration or to grant him an export registration because he provided...  

The Federal Energy Regulatory Commission ("FERC") approved a project that will expand the liquefied natural gas ("LNG") capacity of the Cove Point LNG Terminal ("Cove Point"). Washington Gas Light Company ("WGL"), a local distribution company that receives natural gas from Cove Point, brought a petition for review arguing the expansion project will cause severe leakage throughout its distribution system. We find that substantial evidence supports FERC's...