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Claims of Chinese Firm against President Obama Tossed Out

On Friday, U.S. District Judge Amy Jackson dismissed a case filed by Ralls Corp, a wind turbine firm owned by two Chinese nationals, who had sued the President for formally blocking their business. Without ruling on the merits of the case, the federal court in Washington held the court did not have the jurisdiction to hear challenges against a Presidential order.

In a rare instance last year, President Obama had formally issued an order instructing Ralls Corp to sell off its four planned wind farms due to national security risks.

The Chinese-owned firm was engaged in installing wind turbines close to the training site of unmanned U.S. drones in Oregon.

Obama had issued the order following a recommendation from the Committee on Foreign Investment in the United States, which evaluates national security risks of foreign investments in U.S. companies or operations.

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The U.S. unmanned drone technology being highly prized and of extreme concern to national security, tall wind turbines close to the Oregon testing grounds had raised dissent from many authorities engaged in protecting national interests.

Ralls Corp alleged in its lawsuit that the U.S. President had exceeded his authority and had provided no evidence of the alleged national security risks. Ralls Corp also claimed that the due process clause in the U.S. Constitution entitles it to have an explanation of the President’s decision.

While dismissing most claims of Ralls Corp, the court observed that the company could move forward with its challenge on the statute at issue and its implementation in the instant case. Judge Jackson observed that the court “is not ruling that the due process claim has merit “but that the court is bound to decide the matter.

For the rest, the Presidential order was not subject to judicial review.

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Posted by on February 25, 2013. Filed under Legal News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

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