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Dorsey & Whitney LLP

Energy Law: Month in Review - August 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

Beveridge & Diamond PC

A Race to Begin: IRS Guidance Sets the Clock for Solar and Wind Credits

On August 15, 2025, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued Notice 2025-42 (Guidance), updating the rules on when construction is considered to have “begun” for purposes of...more

Holland & Knight LLP

Beginning of Construction for Solar and Wind Facilities: What's Changed?

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The IRS on Aug. 15, 2025, released Notice 2025-42, which provides guidance on how taxpayers can establish the "beginning of construction" (BOC) of a wind or solar facility for purposes of determining whether such facility is...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

Hogan Lovells

U.S. Treasury releases New Beginning of Construction guidance on clean energy tax credits

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With an effective date of September 2, 2025, New Beginning of Construction guidance will be prospective and not apply to projects that satisfied beginning of construction under old IRS guidance before September 2, 2025. ...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

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

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

Pullman & Comley, LLC

DEEP Issues Draft Request for Proposals from Private Developers of Zero Carbon Energy Using Onshore Wind, Solar and Co-located...

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On August 21, 2025, the Connecticut Department of Energy & Environmental Protection (DEEP) released an expedited draft Request for Proposals (RFP). The RFP seeks submissions from project developers for new, advanced-stage...more

Allen Matkins

Renewable Energy Update 8.22.25

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The Internal Revenue Service (IRS) on August 15 issued new rules that would restrict the ability of wind and solar companies to claim federal tax credits, a move that could hinder numerous renewable energy projects under...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

K&L Gates LLP

IRS Notice 2025-42: What Renewable Developers Need to Know on Beginning of Construction Rules

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On 15 August 2025 the Internal Revenue Service (IRS) released Notice 2025-42 (the Notice), which restricts the methods that developers of wind and solar projects can use to determine whether they have begun construction for...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

Akerman LLP

Start of Construction For Solar and Wind Projects in a Post-OBBBA World

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On August 15, 2025, the Treasury Department and the Internal Revenue Service (IRS) released Notice 2025-42 (the Notice) eliminating the safe harbor under which solar and wind projects could establish start of construction by...more

Dickinson Wright

Ohio Department of Development Updates QEP PILOT Construction Reporting Process

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The Ohio Department of Development (“ODOD”) has made some changes to documents provided by renewable energy projects that have received certification as a Qualified Energy Project (“QEP”) in the Payment in Lieu of Taxes...more

A&O Shearman

Highlights of the New Sections 45Y and 48E Wind and Solar Beginning-of-Construction Guidance

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On July 4, 2025, Public Law 119-21, commonly known as the One Big Beautiful Bill Act (the “OBBBA”), became law and enacted significant changes to various renewable energy incentives, including the clean electricity production...more

Cadwalader, Wickersham & Taft LLP

Are Energy Tax Credits Losing Power or Gaining Focus?

Enacted in August 2022, the Inflation Reduction Act (the “IRA”) expanded energy tax credits by increasing credit amounts, broadening eligibility beyond wind and solar, and allowing credits to be developed and sold....more

Pierce Atwood LLP

IRS Issues New Beginning of Construction Guidance for Solar and Wind Facilities

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On August 15, 2025, the Internal Revenue Service (IRS) issued Notice 2025-42 to address the beginning of construction (BOC) requirements for solar and wind projects under sections 45Y and 48E of the Internal Revenue Code...more

DLA Piper

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

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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

Latham & Watkins LLP

Treasury Guidance Narrows Beginning of Construction Rules for Wind and Solar Projects

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Wind and solar projects seeking to begin construction before July 4, 2026, must meet stricter qualification criteria for some tax incentives....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

Paul Hastings LLP

IRS and Treasury Tighten Beginning-of-Construction Rules for Wind and Solar

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On Aug. 15, the U.S. Treasury Department and the Internal Revenue Service (IRS) released IRS Notice 2025-42, narrowing the rules for what qualifies as “beginning of construction” (BOC) under the One Big Beautiful Bill Act...more

Offit Kurman

Navigating the New Construction Timing Rules for Wind and Solar Tax Credits

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The renewable energy sector faces significant regulatory changes following the enactment of the One Big Beautiful Bill Act (OBBBA) on July 4, 2025. Through IRS Notice 2025-42, issued under Executive Order 14315, the Treasury...more

Jones Day

New "Beginning of Construction" Guidelines Issued for Wind and Solar Tax Credits

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The Internal Revenue Service ("IRS") has issued Notice 2025-42 to implement the One Big Beautiful Bill Act ("OBBBA") mandate to phase out the clean electricity production tax credit (§ 45Y) and investment tax credit (§ 48E)...more

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