Bloom Energy Must Open Books to Investor on Red Ink, Subsidies

Feb. 26, 2021, 8:32 PM UTC

Bloom Energy Corp. must turn over files to an investor weighing whether to sue over claims that the company underestimated its fuel cell servicing costs by $2.2 billion and downplayed greenhouse gas emissions that put it at risk of losing critical federal subsidies, a Delaware Chancery Court judge ruled.

The Bloom shareholder leading the records lawsuit faced not a “Herculean task” but “the lowest burden of proof recognized in our law,” Vice Chancellor Joseph R. Slights III wrote. By offering wrongdoing claims that rest “on firm evidentiary ground,” the suit “carried that burden with ease,” Slights said.

The suit, filed ...

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