My law firm will be handling ACCG's appeal of Judge Blake's decision to dismiss a case meant to test recent regulations imposing import restrictions on ancient Cypriot and Chinese coins. See http://dockets.justia.com/docket/circuit-courts/ca4/11-2012/
and http://www.accg.us/News/Item/ACCG_files_appeal_of_Baltimore_decision.aspx and http://www.marketwatch.com/story/ancient-coin-collectors-appeal-dismissal-of-baltimore-test-case-2011-09-26
We've identified the following four legal issues for appellate review:
1.) Did the District Court improperly preclude ultra vires review of a Presidential designee at the Department of State’s decision making under the Cultural Property Implementation Act (“CPIA”) where the District Court acknowledged that the President lacked unbridled discretion under that statute?
2.) Did the District Court improperly conclude under ultra vires review that the Defendants could restrict the import of coins from China where there is no evidence in the record that China formally asked for import restrictions on coins?
3.) Did the District Court improperly preclude review under the Administrative Procedure Act (“APA”) of regulations imposing import restrictions on certain categories of Chinese and Cypriot coins where the District Court acknowledged that the final agency action was that of U.S. Customs and Border Protection (“CBP”) and not the President’s designee at the State Department?
4.) Did the District Court improperly conclude after an ultra vires and Constitutional review that CBP could seize and forfeit the Guild’s property based solely on their coin types without a showing that the coins were “first discovered” in either Cyprus or China as required by the CPIA?
ACCG's initial brief is due on October 31, 2011. Additional briefing should be completed by year's end.