Christian Davis Discusses U.S. Gov’t Wind Farm Case with China Daily
China Daily, for its article “Barriers in wind farm case: US lawyers,” quoted Akin Gump international trade counsel Christian Davis on potential further legal action in a case in which the U.S. government prevented the purchase of four Oregon wind farms.
According to the article, a U.S. federal appeals court ruled that the U.S. government violated Ralls Corp.’s right to due process when it rejected the company’s bid to purchase the wind farms. The suit began in 2012, when President Obama, citing national security risks, issued a presidential order to prevent Ralls from purchasing the wind farms. Davis noted that should the case proceed, there is some question as to whether the national security determination regarding this sale can stand.
Davis said that the appeals court ruling is “narrow,” adding, “Due process rights only apply prior to a presidential order, which is very rare. However, the implementation of the ruling and the further legal proceedings in this case could result in greater transparency within the CFIUS process.”