Solar Wind Credits Still Clouded After Safe Harbor Revived, Law360

Partner Casey August was quoted by Law360 in an article examining the uncertainty facing solar and wind developers after a federal court reinstated the longstanding 5% safe harbor rule for establishing eligibility for clean energy tax credits.

Casey highlighted how the market continues to face significant uncertainty despite the ruling, explaining that financing parties may be hesitant to rely solely on the revived safe harbor while the possibility of an appeal or further government action remains unresolved.

“There would be a significant question whether such a position would be accepted in the market by financing parties if that is their sole method of beginning construction given the lingering impact” of the notice, he said.

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