C.J. Voss Discusses DC Circuit Reversal in CFIUS Oregon Wind Farm Case

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Partner C.J. Voss was quoted in several media outlets - The Oregonian  and The Portland Business Journal - regarding a recent U.S. Court of Appeals for the District of Columbia ruling that reversed a District Court ruling in a case brought by Ralls Corporation against the president of the United States and the Committee on Foreign Investment in the United States (CFIUS).

Background on the case is available on our Renewable Energy blog. In summary, the developer, Ralls Corp. ("Ralls"), a private U.S. company owned by executives of China-based Sany Group, was blocked from proceeding with the development of four Oregon wind farm projects in September 2012, based on nation security grounds. The company challenged the order on the grounds that it deprived the company of constitutionally protected property rights.

“This decision does not by itself overturn the presidential order blocking Ralls’ development of the wind farms,” said Voss. “Instead, the appeals court is requiring the government to provide Ralls with the information — at least the unclassified portion – on which it based its decision to block the transaction, and to grant Ralls another ‘day in court’ to challenge the bases on which the order was grounded.” Voss noted that the case is one with larger implications, in that the courts have usually deferred to the executive branch in decisions of this nature.

Read “Chinese investors in Oregon wind farm project are entitled to know better why Obama administration blocked it, court rules” in The Oregonian and “Court to Obama: Show why you blocked Oregon wind farm deal” in Portland Business Journal, published  July 15, 2014.

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