Forum
U.S. District Court for the Eastern District of Texas
Case Status
Decided
Docket Number
Case Updates
Outcome
February 04, 2021
The U.S. District Court for the Eastern District of Texas granted the motion to dismiss a declaratory judgment action that sought an order holding federal agencies may not base enforcement actions solely on activities and considerations identified in non-binding guidance. The court held it lacks jurisdiction due to sovereign immunity. The U.S. Chamber had filed a coalition amicus brief in support of declaratory relief.
U.S. Chamber files amicus brief
November 30, 2020
The U.S. Chamber filed a coalition amicus brief urging the Eastern District of Texas to issue a declaratory order holding that the federal agencies may not base enforcement actions solely on activities and considerations identified only in non-binding guidance documents that have not been subject to notice and comment procedures.
Megan Brown of Wiley Rein LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.