United States DC Circuit

Constitutional challenge to the binational panel review provisions of the U.S.-Canada Free-Trade Agreement Implementation Act of 1988 and the North American Free Trade Agreement Implementation Act of 1993, is dismissed as the new Softwood Lumber Agreement between the U.S. and Canada deprives the court of appeals of statutory jurisdiction.

Appellate Information

• Decided 12/12/2006
• Published 12/12/2006

Judges

• Before:  RANDOLPH and TATEL, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Harvey Kurzweil argued the cause for petitioner.   With him on the briefs was Alexander M. Kayne.  Kevin M. Dempsey entered an appearance.


• For Appellees:
  
• Douglas Letter, Litigation Counsel, U.S. Department of Justice, argued the cause for respondents.   With him on the briefs were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Gregory G. Katsas, Deputy Associate Attorney General., Seth P. Waxman argued the cause for intervenors Government of Canada, et al. in support of respondent.   With him on the brief were Randolph D. Moss, Mark C. Fleming, Danielle M. Spinelli, M. Jean Anderson, Warren E. Connelly, Spencer S. Griffith, Mark S. McConnell, H. Dean Kaplan, Michael L. Stevens, and Keith R. Marino.  Lorane F. Hebert, Courtney E. Smothers, and Lawrence A. Schneider entered appearances., Elliot J. Feldman was on the brief for amicus curiae Canadian American Business Council in support of respondent., Elliot J. Feldman, Michael S. Snarr, Mark A. Moran, and Michael A. Vatis were on the brief for intervenors the Canadian Lumber Trade Alliance, Inc., et al. in support of respondents.  Bryan J. Brown entered an appearance., Steven E. Becker was on the brief for amicus curiae Government of Mexico in support of respondents.