Biden Admin Wins Reversal On Solar Safeguard Expansion

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Biden Admin Wins Reversal On Solar Safeguard Expansion

In a legal rollercoaster, the Federal Circuit overturned a pivotal trade court ruling, delivering a resounding victory to the Biden administration in its quest to expand safeguard tariffs on solar equipment. The appellate court’s unanimous three-judge panel, flexing its constitutional muscles, directed the U.S. Court of International Trade to greenlight the president’s authority under the Trade Act of 1974.

Biden Admin Wins Reversal On Solar Safeguard Expansion : Executive Might Prevails

In a riveting turn of events, the Federal Circuit’s panel, invoking executive deference, championed the president’s power to escalate safeguard duties, specifically endorsing the inclusion of bifacial solar panels in the tariff umbrella. Both the Trump and Biden administrations stood united, asserting that President Donald Trump’s 2020 move was well within the statutory boundaries, designed to shield the domestic solar industry.

Drawing parallels to recent appeals on national security duties, the panel reinforced its commitment to siding with the president on statutory interpretation, emphasizing that only a “clear misconstruction” of the law could sway their stance.

No Misconstruction, No Misstep

“The president did not clearly misconstrue Section 2254(b)(1)(B) when he interpreted it as permitting trade-restrictive modifications,” declared U.S. Circuit Judge Leonard P. Stark, articulating the panel’s resolute position.