News & Analysis as of

1603 Grants

Troutman Pepper

Court Issues Perplexing Decision in Alta Wind

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On June 20, the U.S. Court of Federal Claims issued an opinion and order, denying plaintiffs’ motion for summary judgment in Alta Wind I Owner-Lessor C, et al. v. U.S. (Nos. 13-402, 13-917, 13-935, 13-972, 14-47, 14-93,...more

Eversheds Sutherland (US) LLP

Too early: Court of Appeals for the Federal Circuit addresses placed in service requirement in rejecting claim for a renewable...

On February 24, 2022, the US Court of Appeals for the Federal Circuit (the Federal Circuit) issued its decision in Ampersand Chowchilla Biomass, LLC v. US, No. 2021-1385 (Fed. Cir. 2022). There, the Federal Circuit affirmed a...more

McDermott Will & Emery

Court Rules that Wind Farm Did Not Provide Proof of Development Fee to Receive 1603 Cash Grant

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On June 20, 2019, the United States Court of Federal Claims published its long-awaited opinion in California Ridge Wind Energy, LLC v. United States, No. 14-250 C. The opinion addressed how taxpayers engaging in related party...more

Stoel Rives LLP

Tax Law Alert: US Court of Federal Claims Releases Anticipated Opinions in Developer Fee Cases

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The United States Court of Federal Claims recently released two anticipated opinions, Bishop Hill Energy, LLC v. United States and California Ridge Wind Energy, LLC v. United States, which were issued under seal on January 7,...more

Wilson Sonsini Goodrich & Rosati

Long-Awaited Development Fee Cases Released

On June 20, 2019, the Court of Federal Claims finally released its previously sealed opinions in the companion cases of Bishop Hill Energy, LLC and California Ridge Wind Energy, LLC.1 Both cases are substantially similar,...more

Mayer Brown

Tax Incentive Update: Federal Circuit Rules on Calculation of Basis for Energy Projects

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We have published our Legal Update on the Federal Circuit’s opinion in the Alta Wind case involving the calculation of eligible basis for 1603 Treasury cash grant purposes. The 1603 Treasury cash grant rules “mimic” the...more

McDermott Will & Emery

Alta Wind: Federal Circuit Reverses Trial Court and Kicks Case Back to Answer Primary Issue

On July 27, 2018, the US Court of Appeals for the Federal Circuit in Alta Wind v. United States, reversed and remanded what had been a resounding victory for renewable energy. The US Court of Federal Claims had ruled that the...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Reverses and Remands Alta Wind Case Holding that a Portion of the Asserted Section 1603 Basis May be Allocable to...

In a case decided on July 27, 2018, the U.S. Court of Appeals for the Federal Circuit (the Court of Appeals) reversed the Court of Federal Claims' (the Claims Court) decision in Alta Wind I Owner-Lessor C et al v. United...more

McDermott Will & Emery

SOL and the 1603 Cash Grant – File Now or Forever Hold Your Peace

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Taxpayers are running out of time to file refund claims against the government. If the government reduced or denied your Section 1603 cash grant, you can file suit in the Court of Federal Claims against the government to...more

McDermott Will & Emery

Government Appeal of Alta Wind Supports Decision to File Suit Now

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Several taxpayers have sued the federal government because they believe they were underpaid under the Section 1603 grant program. Indeed, the taxpayer in the Alta Wind case was successful in convincing the court that the...more

McDermott Will & Emery

Act Now To Preserve Your Section 1603 Grant

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In Depth - We recently reported that on October 31, 2016, the US Court of Federal Claims issued its opinion in Alta Wind I Owner v. United States, in which the court determined that the value of the property eligible for...more

McDermott Will & Emery

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation; Smaller Award to Biomass Facility

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The US Court of Federal Claims awarded damages of more than $206 million to Plaintiffs/applicants in a case with respect to the cash grant under Section 1603 of the American Recovery and Reinvestment Act of 2009 (Public Law...more

McDermott Will & Emery

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation

McDermott Will & Emery on

The US Court of Federal Claims awarded damages of more than $206 million to the Plaintiffs in a case with respect to the cash grant program under Section 1603 of the American Recovery and Reinvestment Act of 2009 (the Section...more

McGuireWoods LLP

IRS Extends Safe Harbor for Completion of PTC-Qualifying Facilities to Jan. 2017

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Yesterday, March 11, 2015, the Internal Revenue Service issued Notice 2015-25, which extends by one year certain tests taxpayers can use to establish that a qualifying renewable energy facility is eligible for the production...more

Akin Gump Strauss Hauer & Feld LLP

Sen. Sessions Pens Letter to Treasury Critical of SolarCity and 1603 Practices

In a letter dated November 18, Senator Jeff Sessions (R-AL) wrote Secretary of the Treasury Jacob Lew a critical letter with questions regarding the Cash Grant program, SolarCity’s purported practices and the investment tax...more

Mintz

Energy And Environment Update -- May 6, 2013

Mintz on

In This Issue: Energy & Climate Debate; Congress; Administration; Department of Energy; Environmental Protection Agency; Department of Interior; Department of Defense; Nuclear Regulatory Commission; Federal Energy...more

Davis Wright Tremaine LLP

Section 1603 Cash Grant Modified Annual Report Form

Recipients of Section 1603 cash grants are required by the Terms and Conditions of the program to provide annual project performance reports to the Treasury Department for the first five years after the project is placed in...more

Foley & Lardner LLP

Developers Rejoice! IRS Issues “Begun Construction” Guidance

Foley & Lardner LLP on

On April 15, 2013, the IRS released Notice 2013-29 addressing the eligibility for certain alternative energy projects to qualify for the renewable electricity production tax credit (PTC) under section 45 of the Tax Code. This...more

Foley Hoag LLP

Sequestration Reduces Treasury Grant Awards to Renewable Energy Projects by 8.7 Percent

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According to Treasury Department guidance issued March 4, 2013, grants awarded to renewable energy project owners under the Treasury’s Section 1603 grant program on or after March 1, 2013 will be reduced by 8.7 percent due to...more

Foley & Lardner LLP

Treasury Releases Message on Impact of Sequestration on 1603 Cash Grants

Foley & Lardner LLP on

On March 4, 2013, U.S. Treasury released guidance on the impact of the across-the-board spending cuts known as “sequestration” to the Section 1603 cash grant program. As stated in the message, payments under Section...more

Mintz - Energy & Sustainability Viewpoints

1603 Grants, Fracking Rules, and the Keystone XL Pipeline – ML Strategies’ Weekly Energy and Environmental Update

Last week on Capitol Hill, the House Energy and Commerce Committee majority staff released a report charging that the 1603 Grants in Lieu of Tax Credits program appears to have “unduly benefitted” foreign companies. The...more

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