News & Analysis as of

Renewable Energy Executive Orders

Pillsbury - Gravel2Gavel Construction & Real...

Satellite Data Centers

Data centers … in space. How did the “final frontier” become a genuine consideration for siting and constructing next-generation data centers? ...more

Allen Matkins

Renewable Energy Update 9.8.25

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Governor Gavin Newsom has signed an executive order to accelerate the permitting of energy generation projects that could be set to lose Inflation Reduction Act (IRA) support, many of which are renewable power projects. The...more

Jones Day

Judicial Challenge to Onshore and Offshore Wind Projects Moves Forward

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On June 18, 2025, the District Court of Massachusetts allowed a coalition of 17 states, the District of Columbia, and an environmental advocacy organization to proceed with a lawsuit against a Presidential Memorandum...more

Frost Brown Todd

Shifting Ground: How IRS Notice 2025-42 Redefines When Construction Begins for Applicable Wind and Solar Facilities

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On August 15, 2025, the Internal Revenue Service (IRS) released Notice 2025-42, consistent with President Trump’s recent Executive Order 14315 (EO 14315), which changes how applicable wind and solar facilities establish the...more

McDermott Will & Schulte

IRS roundup: August 12 – August 20, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for August 12, 2025 – August 20, 2025. August 15, 2025: The IRS issued Notice 2025-42, providing guidance consistent with...more

Robinson+Cole Environmental Law +

Trump Administration Derails Revolution Wind as Court Fight Over Federal Policy Wages On

On Friday, August 22, 2025, the Trump administration announced the cancellation of the Revolution Wind project located off the south coast of Rhode Island, east of Block Island. At the time of the stop work order, the...more

K&L Gates LLP

Department of the Interior Issues Flurry of Actions Targeting Wind and Solar Energy Projects

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Under Secretary Doug Burgum, the Department of the Interior (DOI) has quickly moved to implement Sections 4 and 5 of President Trump’s 7 July Executive Order 14315 titled “Ending Market Distorting Subsidies for Unreliable,...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2025 Legal Horizon for U.S. Offshore Wind

In its first nine months, the Trump administration has taken multiple actions impacting offshore wind development and generating substantial uncertainty as to the industry’s future in the United States. Those actions have...more

Jackson Walker

Understanding “Beginning of Construction” and the Phase-Out of Tax Credits for Wind and Solar Projects

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The One Big Beautiful Bill Act, enacted on July 4, 2025, imposed new restrictions on the availability of the Investment Tax Credit (ITC) and Production Tax Credit (PTC) for wind and solar projects under Code Sections 45Y and...more

Orrick, Herrington & Sutcliffe LLP

IRS Issues Guidance on Beginning of Construction for Wind and Solar Facilities Under the OBBBA

On August 15, 2025, the IRS and the Treasury Department released Notice 2025-42 (the Notice), providing critical guidance on the beginning of construction requirements for wind and solar facilities in light of the One Big...more

Holland & Hart LLP

Termination Effectiveness Beginning (Of Construction): Notice 2025-42

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In response to Executive Order 14315 (July 7, 2025) (the “July 7 EO”), the IRS released Notice 2025-42 on August 15, 2025. Notice 2025-42 provides rules on how to begin construction for purposes of the effective dates of the...more

Baker Botts L.L.P.

Sunlight Under Scrutiny: Staying Eligible in USDA's New Era

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The United States Department of Agriculture’s (USDA) Rural Business-Cooperative Service (RBCS) has issued a new policy directive that emphasizes portfolio stewardship and significantly alters eligibility criteria for...more

Eversheds Sutherland (US) LLP

Tax Bytes: Week of August 18, 2025

Welcome to this week’s edition of Tax Bytes. Our team of tax lawyers is actively monitoring for federal and international tax developments and issues of note. Each week we pull together the items we deem most important to...more

DLA Piper

IRS Releases Guidance on Wind and Solar Facility Tax Credits: Key Takeaways

DLA Piper on

The US Department of the Treasury and the Internal Revenue Service (IRS) recently released Notice 2025-42 to implement Executive Order (EO) 14315. The Notice, issued on August 15, 2025, provides guidance on when construction...more

McGuireWoods LLP

DOI Memos Create Potential Roadblocks for Wind and Solar Projects

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The U.S. Department of the Interior (DOI) issued two memos in July 2025 in furtherance of President Donald Trump’s policies to eliminate subsidies for wind and solar projects on federal lands. These directives will impact...more

Vinson & Elkins LLP

Beginning of Construction Guidance Eliminates 5% Safe Harbor (for Wind and Solar), but Physical Work Test Survives

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On August 15, 2025, the Department of Treasury and the Internal Revenue Service (“IRS”) released guidance for wind and solar facilities under Sections 45Y and 48E (the “Tech-Neutral Tax Credits”) in the form of IRS Notice...more

Davis Wright Tremaine LLP

IRS Makes It More Difficult for Solar and Wind Facilities to Qualify for Federal Tax Credits

The IRS has made it harder for solar and wind projects to satisfy the beginning of construction rules for purposes of qualifying for federal tax credits....more

Akin Gump Strauss Hauer & Feld LLP

New BOC Guidance Released

On August 15, 2025, the IRS released new beginning of construction (BOC) guidance for solar and wind facilities claiming production and investment tax credits under sections 45Y and 48E of the Internal Revenue Code in IRS...more

DarrowEverett LLP

Get to Work: New Treasury Guidance Changes Safe Harbors for Solar and Wind Tax Credits

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On August 15, the Treasury Department published long-awaited guidance on applicability of “beginning of construction” safe harbors for solar and wind projects under the One Big Beautiful Bill and Executive Order 14315. While...more

Stoel Rives LLP

IRS Issues Guidance Regarding Beginning of Construction Requirement for PTC and ITC

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The IRS today issued guidance regarding the “beginning of construction” requirement as it relates to the clean electricity production tax credit (PTC) under Internal Revenue Code Section 45Y and the clean electricity...more

Womble Bond Dickinson

Trump Administration Halts $7 Billion Solar for All Grant Program; Adds Roadblocks to Development on Public Lands

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On August 7, the Trump Administration announced it is cancelling the Solar for All federal grant program, which originally committed $7 billion in awarded grants to support solar in low income and disadvantaged households....more

Stoel Rives - Renewable + Law

U.S. Department of Interior Directs U.S. Fish and Wildlife Service to Audit Eagle Permitting Program, Signals Potential for...

On August 4, 2025, U.S. Department of Interior Deputy Chief of Staff-Policy Gregory Wischer issued a memorandum directing the U.S. Fish and Wildlife Service to take multiple actions related to the Service’s eagle permitting...more

Dorsey & Whitney LLP

Energy Law: Month in Review - July 2025

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

BakerHostetler

Analysis of Renewable Energy Credit Amendments and Changes Under the 2025 Tax Legislation

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There is a possibility of one or more additional reconciliation bills during late 2025 and 2026 and therefore further opportunities for enactment of additional provisions, as well as changes and improvements to the...more

Troutman Pepper Locke

Renewables in the Crosshairs: DOI and DOT Announce Numerous New Anti-Wind and Solar Orders and Policies

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During the week of July 28, the Trump administration unleashed a new burst of actions aimed squarely at blocking wind and solar energy with the announcement of two new secretarial orders (SO) and three new policies by the...more

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