INVENERGY RENEWABLES LLC v. U.S.

Slip Op. 20-19, Court No. 19-00192.

427 F.Supp.3d 1402 (2020)

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. and Auxin Solar, Defendant-Intervenors.

United States Court of International Trade.

Dated: February 14, 2020.


Attorney(s) appearing for the Case

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

Matthew R. Nicely , Hughes Hubbard & Reed LLP, of Washington, DC, argued for plaintiff-intervenor, Solar Energy Industries Association.

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 , and Friederike S. Görgens , Arent Fox LLP, of Washington, DC, argued for defendant-intervenors. With them on the brief was Diana Dimitriuc Quaia.


OPINION

In this sequel to its prior order and accompanying opinion, Prelim. Inj. Order and Op., Invenergy Renewables LLC v. United States, 43 CIT ___, ___, Slip Op. No. 19-00153, 422 F.Supp.3d 1255, ___, 2019 WL 6681877 (Dec. 5, 2019), ECF No. 113 ("PI"), the court now returns...

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