Solar Cos Call For Review In Safeguard Case

Solar Cos Call For Review In Safeguard Case

In a dramatic twist of events, industry giants dependent on imported solar equipment are rallying for an en banc review after a Federal Circuit panel recently upheld the president’s authority to modify solar safeguard tariffs. The decision, made as the tariffs were winding down, has sparked a fierce legal battle that promises to reshape the landscape of the solar industry.

Solar Cos Call For Review In Safeguard Case : Industry Groups Seek Rehearing

On Monday, the Solar Energy Industries Association (SEIA) and three prominent importers were granted until Jan. 11 to submit their petition for a rehearing. The three-judge panel had initially set a deadline of Dec. 28, but the plaintiffs successfully secured a two-week extension to navigate the challenges posed by the holiday season, a move supported by the Biden administration.

Solar Cos Call For Review In Safeguard Case : A United Front Emerges

The SEIA, along with NextEra Energy Inc., Invenergy Renewables LLC, and EDF Renewables Inc., declared their intent to file the petition, as revealed in their motion for an extension. This united front underscores the significance of the case and the potential ramifications it holds for the solar industry.

Court Orders Presidential Authority Affirmed

The controversy stems from a Nov. 13 ruling by U.S. Circuit Judges Alan D. Lourie, Richard G. Taranto, and Leonard P. Stark, instructing the U.S. Court of International Trade to uphold the president’s authority in imposing safeguard duties. This decision is linked to former President Donald Trump’s 2020 move to add bifacial solar modules to the list of equipment subject to tariffs, a measure aimed at safeguarding the domestic solar sector.