President’s Solar Panel Tariffs Action Survives Chevron’s Demise

An executive action withdrawing duties exemptions on certain solar panels remains lawful after the US Supreme Court’s recent Loper Bright ruling, a federal appeals court said Tuesday.

The US Court of Appeals for the Federal Circuit ruled in a supplemental opinion that its 2023 decision upholding a presidential proclamation remains good law. The proclamation revoked a duties exemption on so-called bifacial, or two-sided, solar panels. The proclamation was initially issued by then President Trump in 2020; President Joe Biden has adopted the same policy on the panels.

Solar Energy Industries Association, a solar power trade industry group, and three renewable ...