News & Analysis as of

Electricity Production Tax Credit

Oklahoma State PTC Ends for Wind Projects Not Operating Prior to July 1, 2017

On April 17, 2017, Oklahoma Governor Mary Fallin signed into law House Bill No. 2298, which moves the deadline for a wind project to be operational to qualify for the state’s production tax credit for wind power to June 30,...more

Oklahoma Gov. Proposes New Tax on Wind, Early End to Wind Tax Credits

Oklahoma governor Mary Fallin (R) recently released her proposed 2018 Executive Budget, which includes two new anti-wind tax proposals. The first proposal would end the zero-emission tax credit for wind facilities placed in...more

IRS Issues New Guidance on the Beginning of Construction Safe Harbor For Renewable Energy Projects

by Foley & Lardner LLP on

The IRS recently issued Notice 2017-4 (the “Notice”) which makes two important changes to its “beginning of construction” rules for taxpayers seeking to take advantage of the section 45 renewable electricity production tax...more

Win for Wind on Taxes: Federal Income Tax Wind Farm Production Credit Extended for 2015 through 2019 - "Phase-Out" Limits Credit...

by GableGotwals on

Wind farm electric generation facilities in Oklahoma have received a favorable federal income tax credit extension. The federal income tax credit for production of electricity by a qualified facility from wind...more

Power dynamics: Forces shaping the future of coal in the United States

by White & Case LLP on

Coal-fired plants have been the backbone of US power generation for more than a century, and they still account for nearly 40 percent of power generation in the country. But coal's dominance in the United States is waning. It...more

9th Circuit Erects Statutory Standing Bar to Appeals Challenging FERC Section 211A Orders

On August 10, 2015, the United States Court of Appeals for the 9th Circuit, in Northwest Requirements Utilities v. FERC, denied several petitions for review of Federal Energy Regulatory Commission (FERC) orders requiring...more

Renewable Energy Update - January 2015 #2

by Allen Matkins on

Renewable Energy Focus - California Governor Brown calls for 50 percent renewables by 2030 - Greentech Media - Jan 5: California Governor Jerry Brown has upped the ante on the state’s green energy goals, calling...more

Production Tax Credit Extended for Renewable Projects Beginning Construction in 2014

by Foley & Lardner LLP on

On December 19, 2014, President Obama signed into law the Tax Increase Prevention Act of 2014 (H.R. 5771). H.R. 5771 includes a retroactive one-year extension of the section 45 renewable electricity production tax credit...more

Joint Committee’s Report on Energy Tax Incentives Misses the Mark on Green Jobs

The Joint Committee on Taxation (JCT) on September 16 published a report analyzing federal energy tax incentives. The report is available below. The report is generally insightful; however, it has a misguided job-creation...more

IRS Notice 2014-46 clarifies guidance for Production Tax Credits and Investment Tax Credits

by Ballard Spahr LLP on

The American Taxpayer Relief Act of 2012 modified the definition of certain “qualified facilities” under Section 45(d) of the Internal Revenue Code to require that the construction of such facilities must begin prior to...more

Renewable Energy Update -- May 2014 #2

by Allen Matkins on

Renewable Energy Focus - White House announces new action on solar energy: TIME - May 9 - The White House is announcing executive actions to advance clean energy on Friday, including $2 billion worth of upgrades to...more

American Taxpayer Relief Act of 2012: Extends Production Tax Credit for Wind and Many Other Cleantech Tax Incentives

by Morrison & Foerster LLP on

On January 1, 2013, the Senate and the House of Representatives passed the American Taxpayer Relief Act of 2012 (“ATRA”), averting the so-called “fiscal cliff.” The legislation, which was signed by President Obama, extends...more

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