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INVENERGY RENEWABLES LLC v. U.S.

Slip Op. 19-153, Court No. 19-00192.

422 F.Supp.3d 1255 (2019)

INVENERGY RENEWABLES LLC, Plaintiff, and Solar Energy Industries Association, Clearway Energy Group LLC, EDF Renewables, Inc. and AES Distributed Energy, Inc., Plaintiff-Intervenors, v. UNITED STATES of America, Office of the United States Trade Representative, United States Trade Representative Robert E. Lighthizer, U.S. Customs and Border Protection, and Acting Commissioner of U.S. Customs and Border Protection Mark A. Morgan, Defendants, and Hanwha Q Cells USA, Inc., Defendant-Intervenor.

United States Court of International Trade.

December 5, 2019.

Attorney(s) appearing for the Case

John Brew , Kathryn L. Clune , and Amanda Berman , Crowell & Moring LLP, of Washington, DC and New York, NY, argued for plaintiff, Invenergy Renewables LLC and plaintiff-intervenors, Clearway Energy Group LLC and AES Distributed Energy, Inc. With them on the brief were Larry Eisenstat , Robert LaFrankie , and Frances Hadfield .

Matthew R. Nicely and Daniel M. Witkowski , Hughes Hubbard & Reed LLP, of Washington, DC, argued for plaintiff-intervenor, Solar Energy Industries Association. With them on the brief were Dean A. Pinkert and Julia K. Eppard .

Kevin M. O'Brien and Christine M. Streatfeild , Baker & McKenzie LLP, of Washington, DC, argued for plaintiff-intervenor, EDF Renewables, Inc.

Stephen C. Tosini , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendants. With him on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, and Tara K. Hogan , Assistant Director.

John M. Gurley , Jackson Toof , and Friederike S. Görgens , Arent Fox LLP, of Washington, DC, argued for defendant-intervenor. With them on the brief was Diana Dimitriuc Quaia .

OPINION AND ORDER

This case, generated by the American solar industry, raises fundamental questions of adherence by the Government to procedures for decision making required by statute. Through Presidential Proclamation 9693 on January 23, 2018, the President imposed safeguard...

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