By Brian Eckhouse
Late Tuesday, the Solar Energy Industries Association and developers including NextEra Energy Inc. and Invenergy Renewables LLC asked the U.S. Court of International Trade for an injunction prohibiting the enforcement of the proclamation, which removed a tariff exemption on two-sided, or bifacial, panels. The lawsuit alleges that the Trump administration “failed to follow the required procedures” before acting.
The White House didn’t immediately respond to an emailed request for comment.
Trump’s proclamation also increased the tariff rate in its fourth year to 18% from 15%.
The legal challenge comes more than a month after a trade-court judge ruled that Trump’s proclamation to kill the bifacial loophole didn’t violate an earlier court order. But that judge in his order said that the proclamation could be challenged under a separate action.