SOLAR ENERGY INDUSTRIES ASSN. v. UNITED STATES

Slip Op. 21-154 Court No. 20-03941.

553 F.Supp.3d 1322 (2021)

SOLAR ENERGY INDUSTRIES ASSOCIATION, NextEra Energy, Inc., Invenergy Renewables LLC, and EDF Renewables, Inc., Plaintiffs, v. UNITED STATES, United States Customs and Border Protection, and Troy A. Miller, in His Official Capacity as Acting Commissioner of United States Customs and Border Protection, Defendants.

United States Court of International Trade.

November 16, 2021.


Attorney(s) appearing for the Case

Matthew R. Nicely and Daniel M. Witkowski , Akin, Gump, Strauss, Hauer & Feld LLP, of Washington, D.C., argued for Plaintiffs Solar Energy Industries Association and NextEra Energy, Inc. With them on the briefs were James E. Tysse , Devin S. Sikes and Julia K. Eppard .

Amanda Shafer Berman , and John Brew , Crowell & Moring LLP, of Washington, D.C. and New York, N.Y., argued for Plaintiff Invenergy Renewables LLC. With them on the briefs were Larry F. Eisenstat and Frances Hadfield .

Christine M. Streatfeild and Kevin M. O'Brien , Baker & McKenzie LLP, of Washington, D.C., argued for Plaintiff EDF Renewables, Inc.

Stephen C. Tosini , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., argued for Defendants United States, United States Customs and Border Protection, and Troy A. Miller, in his Official Capacity as Acting Commissioner of United States Customs and Border Protection. With him on the briefs were Brian M. Boynton , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Tara K. Hogan , Assistant Director, and Joshua E. Kurland , Trial Attorney.


OPINION

Solar modules consist of cells that convert sunlight into electricity on both the front and the back of the cells.1 The court has on five occasions addressed ongoing litigation involving efforts by the President to withdraw an exclusion from safeguard duties on...

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