On March 1, 2021, the Biden administration filed with the U.S. Court of International Trade and requested that the court dismiss a lawsuit from the Solar Energy Industries Association (SEIA) and other solar industry members that argued that former-president Trump’s tariffs on bifacial solar panels were unlawful.[1] [2] Bifacial solar was originally excluded from Trump’s 2018 tariffs on other solar products because they were a relatively small share of the market at the time. However, a 2020 midterm review of the 2018 solar tariffs by the U.S. International Trade Commission (ITC) found that bifacial solar would become more popular and that the exclusion of bifacial solar from tariffs would hurt U.S. producers. This study led Trump to issue a presidential proclamation in October 2020 that removed the exception for bifacial solar. In late December 2020, the SEIA, NextEra Energy, EDF Renewables, and Invenergy Renewables challenged the Trump proclamation, which they claimed had violated rulemaking procedure. According to the Biden administration’s recent filing, the solar industry’s complaint "fails to set forth a plausible showing that the President’s determination involves a clear misconstruction of the governing statute, a significant procedural violation or action outside delegated authority."

[1] https://www.greentechmedia.com/articles/read/biden-administration-backs-trump-on-solar-tariff-suit

[2] https://www.bloomberg.com/news/articles/2021-03-01/biden-doj-says-trump-lawfully-killed-solar-tariff-loophole