It's Not Easy Being Green: DoD Tightens up Domestic Preference Restrictions on Photovoltaic Devices
Client Alert | 1 min read | 05.29.15
On May 26, 2015, DoD issued a proposed rule to implement further restrictions on the acquisition of domestic photovoltaic (PV) devices mandated by the FY 2015 National Defense Authorization Act. In addition to broadening the scope of application (i.e., applying the restriction when the PV device is installed on DoD property or a facility owned by DoD or if the device is reserved for the exclusive use of DoD for its full economic life cycle), DoD has narrowed the applicable exceptions (e.g., the component prong of the country of origin test is no longer waived for commercially available, off-the-shelf items and acquisition of qualifying country PV devices requires an individual public interest determination), which will make it even harder for suppliers to comply.
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Client Alert | 4 min read | 02.20.26
SCOTUS Holds IEEPA Tariffs Unlawful
On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress.
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