Federal Court Upholds Texas LSIPA Against Preemption Challenge by Chinese-Owned Renewable Energy Company

A renewable energy subsidiary of a Chinese company challenged Texas' Lone Star Infrastructure Protection Act under the Supremacy Clause and Equal Protection Clause, arguing federal CFIUS authority preempted state restrictions on foreign investment in critical infrastructure. The Western District of Texas granted defendants' motion to dismiss, rejecting conflict preemption, field preemption, and dormant foreign affairs preemption theories, and finding the plaintiff lacked standing to assert Equal Protection claims.