News & Analysis as of

American Recovery and Reinvestment Act Court of Federal Claims

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

Holland & Knight LLP

Tangible Basis of Property: Who Decides?

Holland & Knight LLP on

The American Recovery and Reinvestment Act of 2009 (ARRA) Section 1603 provided a cash grant (Grant) for "specified energy property" (as defined in ARRA Section 1603(d)). Specified energy property, within the meaning of ARRA...more

Eversheds Sutherland (US) LLP

Federal Circuit affirms decision regarding developer fees in Section 1603 Renewable Energy Cash Grant Program

On May 21, 2020, the Court of Appeals for the Federal Circuit upheld the decision of the Court of Federal Claims in the consolidated cases of California Ridge Energy, LLC v. US and Bishop Hill Energy, LLC v. US. The cases...more

Davis Wright Tremaine LLP

Court of Federal Claims Provides Guidance on Recovery of Unabsorbed Overhead and the Christian Doctrine

In Kudsk Construction Inc. v. The United States, No. 18-1032C (August 30, 2019), the Court of Federal Claims addressed damages in the context of a delayed notice to proceed and addressed the Christian doctrine in the context...more

McDermott Will & Emery

Act Now To Preserve Your Section 1603 Grant

McDermott Will & Emery on

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

McDermott Will & Emery on

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

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