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US Court Backs Chinese-Owned Company Over Wind Farm Project Dispute
US President Barack Obama issued a presidential order in 2012 to prevent Ralls Corp from owning four wind farms in Oregon citing national security risks due to their location near the Naval Weapons Systems Training Facility.
Ralls sued Obama for blocking its wind farm project purchase deal, saying the presidential order had exceeded its constitutional rights and failed to provide detailed evidence.
"We conclude that the President Order deprived Ralls of its constitutionally protected property interests without due process of law," said the Court of Appeals for the District of Columbia Circuit in its ruling.
"Due process requires that an affected party be informed of the official action, be given access to the unclassified evidence on which the official actor relied and be afforded an opportunity to rebut that evidence," it said.
The company "was not given any of the procedural protections at any point," as the presidential order deprived Ralls of significant property interests valued at US$6 million, the court added.
The judgement, which overturned a lower court ruling last year, is a victory for the Chinese government and companies which have called for more transparency in the US national security review process.
Ralls Corp is owned by two executives of Sany Group, China's largest machinery manufacturer.
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