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Sany to continue with lawsuit against Obama

By Fang Yunyu (Global Times)

08:32, February 25, 2013

Chinese heavy machinery maker Sany Group told the Global Times Sunday that it will continue to seek legal action against US President Barack Obama for blocking its subsidiary's wind farm projects, even though a US federal judge said that she could not overturn the decision.

US District Judge Amy Berman Jackson ruled on Friday (US time) that she can not challenge Obama's order to block the projects in the US, but noted that "a due process claim that raises purely legal questions about the process" can proceed, according to a Bloomberg report Saturday.

"The ruling demonstrated that we (Sany) legally have the right to continue our lawsuit," Wu Jialiang, vice president of Sany, told the Global Times Sunday. Wu said the company knew it was unlikely the judge could overturn Obama's order, but at least Sany can continue to defend its legal rights, which is "very important for us."

Wu is also the CEO of Ralls Corp, a US company owned by two executives of Sany, which was ordered on September 28 last year to shut down its four scheduled wind-farm projects in Oregon. The decision was based on US national security concerns, as the farms are located near a naval training facility.

The company decided two days later to sue the US president and the Committee on Foreign Investment in the United States (CFIUS), after negotiations with the CFIUS for compensation had ended in vain. It argued that the order was against the US constitution and that no detailed evidence had been offered.

"It (Obama's order) hurt the legal interests and rights of our company, which the US constitution protects," said Wu.

"For Sany, I think the most urgent issue now is to find other projects," He Weiwen, co-director of the China-US-EU Study Center under the China Association of International Trade, told the Global Times Sunday. It is "very unlikely" that the Oregon projects will be able to continue, He said, especially as the judge said she was unable to overturn Obama's decision.

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