International Steel Mills
Opening briefs filed in Nippon/USS lawsuit vs. US government
Written by Laura Miller
February 3, 2025
Together, Nippon Steel, Nippon Steel North America, and U.S. Steel announced the filing of their opening brief in their litigation to invalidate the government’s decision to block their announced merger.
The brief lays out “how President Biden made a predetermined decision for political reasons, not national security, causing CFIUS to engage in a sham review of the Transaction so that he could block it,” the companies said on Monday morning.
The case, United States Steel Corporation, et al v. Committee on Foreign Investment in the U.S., et al, was filed in the US Court of Appeals for the District of Columbia Circuit. Named respondents include CFIUS, President Donald Trump, Attorney General Merrick Garland, Secretary of the Treasury and CFIUS Chairperson Scott Bessent. Former President Joe Biden and former Federal Reserve Chair Janet Yellen were respondents listed as terminated from the case in January.
The companies said filing the opening brief marked “an important step towards vindicating the Companies’ commitment to the Transaction.”
They confirmed an earlier report that the CFIUS suit continues expeditiously, with parties’ briefings slated for completion by March 17, and oral arguments to begin thereafter.
“The Companies remain steadfast that the Transaction will enhance, not threaten, United States’ national security, protect U. S. Steel workers, revitalize jobs in communities that rely on American steel and make American Steel bigger and better,” they stated.
“Importantly, it would create an American steel champion that is well-positioned to compete against China,” they added.
Laura Miller
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