Montana Court Sends IEEPA Case to CIT
The District Court for the District of Montana on April 25 transferred a case challenging tariff action taken under the International Emergency Economic Powers Act to the Court of International Trade. Judge Dana Christensen rested the decision on two prior…
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cases that found challenges to tariff action taken under the Trading With the Enemy Act, IEEPA's predecessor, to belong in the U.S. Customs Court, the trade court's predecessor. While the plaintiffs said IEEPA has more restricted authority than TWEA, the judge said IEEPA has the "same operative language" as TWEA. The court said the plaintiffs failed to show how the "limits placed on the IEEPA’s grant of authority affect" CIT's jurisdiction. The plaintiffs, four members of the Blackfeet Nation tribe, have already filed a notice of appeal, declaring that they will take the matter to the U.S. Court of Appeals for the Ninth Circuit.