Federal Amicus

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Domino's Pizza, LLC v. Robles

U.S. Supreme Court
Decided
October 7, 2019

Supreme Court declines cert. petition regarding whether or how the Americans with Disabilities Act applies to websites and apps.  The U.S. Chamber filed an amicus brief supporting cert.

Pfizer Inc. v. Adamyan

U.S. Supreme Court
Decided
October 7, 2019

Supreme Court declines cert. petition concerning removability of class actions under CAFA.  The U.S. Chamber filed an amicus brief supporting cert.

Salazar v. McDonald’s Corp.

U.S. Court of Appeals for the Ninth Circuit
Decided
October 1, 2019

Divided Ninth Circuit panel holds that McDonald’s is not a joint employer with its franchisee under California Labor Code.  The U.S. Chamber filed an amicus brief in support of this outcome.

Mozilla Corp. v. FCC

U.S. Court of Appeals for the District of Columbia Circuit
Decided
October 1, 2019

D.C. Circuit unanimously upholds core provisions of the FCC’s Restoring Internet Freedom Order.  The U.S. Chamber filed an amicus brief in support of this outcome.  By a 2-1 vote, the panel also vacates the order’s preemption provision barring states from adopting their own net-neutrality rules.  There is separate litigation, United States v. California, pending in the Eastern District of California concerning whether California’s net-neutrality law is preempted by federal law.  The U.S. Chamber filed an amicus brief on the preemption issue in that case.   

National Fuel Gas Supply Corporation v. New York Dept. of Environmental Conservation

U.S. Court of Appeals for the Second Circuit
Decided
February 5, 2019

Second Circuit vacates and remands decision regarding the extent that individual states may veto FERC-approved natural gas infrastructure projects

Americans for Prosperity v. Becerra; Thomas More Law Center v. Becerra

U.S. Supreme Court
Pending
September 25, 2019

U.S. Chamber files amicus brief in support of cert. petitions in First Amendment cases, arguing that the Court should grant review of Ninth Circuit judgment permitting California Attorney General to demand donor information from nonprofits. 

Vazquez v. Jan-Pro Franchising International, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
September 24, 2019

Ninth Circuit panel re-issues its opinion in independent contractor misclassification case and certifies questions concerning the retroactivity of the Dynamex decision to the California Supreme Court.  The Ninth Circuit previously granted rehearing and vacated its prior opinion in order to certify the retroactivity issues to the California Supreme Court.

Gallion v. Charter Communications, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
September 18, 2019

Ninth Circuit denies rehearing en banc in a First Amendment challenge to a prohibition in the Telephone Consumer Protection Act (TCPA).  The U.S. Chamber filed briefs on the merits and in support of the petition for rehearing, arguing that the panel erred in striking down an exemption from the TCPA for calls to collect debts owed to the federal government.

Chamber of Commerce, et al. v. EPA (ESPS Rule)

U.S. Court of Appeals for the District of Columbia Circuit
Decided
September 17, 2019

D.C. Circuit dismisses petitions for review of the EPA’s 2015 Clean Power Plan as moot in light of the EPA’s 2019 Affordable Clean Energy Rule, which rescinds the 2015 Clean Power Plan.  The U.S. Chamber and other petitioners asked for the D.C. Circuit to dismiss the petitions as moot in light of the Affordable Clean Energy rule, which took effect on September 6, 2019.  The U.S. Chamber is also an intervenor in support of the EPA’s Affordable Clean Energy Rule in separate litigation.

In re PennEast Pipeline Co., LLC

U.S. Court of Appeals for the Third Circuit
Decided
September 10, 2019

Third Circuit holds Natural Gas Act’s delegation of condemnation authority to private pipeline companies does not extend to condemnation of state-owned property, such that states are immune from condemnation suits unless the United States is a party.  The U.S. Chamber and aligned business groups had filed an amicus brief urging the court to uphold the pipeline company’s condemnation claims.

In re: State of Ohio

U.S. Court of Appeals for the Sixth Circuit
Pending
September 6, 2019

U.S. Chamber files amicus brief in support of petition for writ of mandamus by Ohio against claims brought by Ohio municipalities in national opioid MDL, arguing that the plethora of municipal lawsuits should not proceed. 

Center for Biological Diversity v. EPA

U.S. Court of Appeals for the Fifth Circuit
Decided
August 30, 2019

Fifth Circuit rejects environmental groups’ challenge to CWA permit for lack of standing. The U.S. Chamber filed an amicus brief urging the court to reject the groups’ arguments. 

Prime International Trading Ltd. v. BP PLC

U.S. Court of Appeals for the Second Circuit
Decided
August 29, 2019

Second Circuit panel unanimously affirms district court decision dismissing claims attempting to apply the Commodity Exchange Act extraterritorially.  The panel’s opinion relies upon the amicus brief filed by the U.S. Chamber, citing it twice in the opinion.

City of Miami v. Bank of America Corp.; City of Miami v. Wells Fargo Bank & Co.

U.S. Court of Appeals for the Eleventh Circuit
Decided
August 26, 2019

Eleventh Circuit denies petition for panel and en banc rehearing in case concerning proximate causation under the Fair Housing Act.  The U.S. Chamber filed an amicus brief in support of rehearing, arguing that the panel deviated from Supreme Court precedent applying settled principles of proximate causation.

Chamber of Commerce, Murray Energy Corporation, et al. v. EPA (2015 Ozone NAAQS)

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 23, 2019

D.C. Circuit issues mixed ruling in challenges to Obama Administration’s 2015 Ozone NAAQS.

Sierra Club, et al. v. EPA, et al. (2015 Ozone NAAQS)

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 23, 2019

D.C. Circuit issues mixed ruling in challenges to Obama Administration’s 2015 Ozone NAAQS

California Communities Against Toxics v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 20, 2019

Divided panel of the D.C. Circuit dismisses petitions for review on the ground that there is no final agency action in the Wehrum memorandum on the “once in always in” policy for major sources under Section 112 of the Clean Air Act; the majority reasoned that the memorandum does not have direct and appreciable legal consequences.  The U.S. Chamber filed a coalition amicus brief in support of EPA, urging the court to deny the petitions for review and arguing that the Wehrum memorandum was consistent with the Clean Air Act.

Bernstein v. Virgin America, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
August 19, 2019

U.S. Chamber files amicus brief arguing Ninth Circuit should reverse class-certification order in wage-and-hour litigation against an airline.

In re: Rail Freight Fuel Surcharge Antitrust Litigation

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 16, 2019

D.C. Circuit affirms order denying class certification because plaintiffs’ own regression analysis established “negative damages” for more than 2,000 members of a 16,000 person class and thus fails the predominance requirement.  The U.S. Chamber filed an amicus brief in support of this outcome.

Amazon.com, Inc. v. Commissioner of Internal Revenue

U.S. Court of Appeals for the Ninth Circuit
Decided
August 16, 2019

Ninth Circuit affirms judgment of Tax Court concluding that the IRS incorrectly interpreted the definition of “intangible” assets in applying its transfer-pricing regulations.  The U.S. Chamber filed an amicus brief in support of this result, arguing that the IRS was not entitled to deference for its interpretation of its transfer-pricing regulations and that the IRS violated settled principles of administrative law in arriving at its position.

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