INVENERGY RENEWABLES LLC v. UNITED STATES

Slip Op. 20-166 Court No. 19-00192.

482 F.Supp.3d 1344 (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, Inc., Defendant-Intervenors.

United States Court of International Trade.

November 19, 2020.


Attorney(s) appearing for the Case

Amanda Shafer Berman , John Brew and Larry F. Eisenstat , 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 briefs were Frances Hadfield and Leland P. Frost.

Matthew R. Nicely and Daniel M. Witkowski , Akin, Gump, Strauss, Hauer & Feld LLP, of Washington, DC, argued for plaintiff-intervenor, Solar Energy Industries Association. With them on the brief was Julia K. Eppard .

Kevin M. O'Brien , Baker & McKenzie LLP, of Washington, DC, argued for plaintiff-intervenor, EDF Renewables, Inc. With him on the brief was Christine M. Streatfeild .

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 briefs were Jeffrey Bossert Clark , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Tara K. Hogan , Assistant Director, and Joshua E. Kurland , Attorney.

John M. Gurley , Dianna Dimitriuc-Quaia , Taniel E. Anderson , Friederike S. Gorgens , and Jessica R. DiPietro , Arent Fox LLP, of Washington, DC, argued for defendant-intervenors, Hanwha Q CELLS USA, Inc. and Auxin Solar Inc. With them on the briefs were Aman Kakar and Russell A. Semmel.


OPINION

In the most recent hearing in this ongoing litigation, counsel for the plaintiffs described the predicament of her clients as something akin to Whack-a-Mole. Counsel for the United States said it was more analogous to a game of PacMan. We need not choose between the two characterizations...

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