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Solar Energy Renewable Energy Clean Energy

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

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

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

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

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

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

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

Baker Botts L.L.P.

Clean Energy Tax Credits: New Guidance on Beginning of Construction for Wind and Solar Facilities

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On August 15, 2025, the Internal Revenue Service (the “IRS”) and the Department of the Treasury (“Treasury”) released new guidance on the “beginning of construction” for wind and solar facilities under the clean electricity...more

Husch Blackwell LLP

Treasury Guidance Tightens "Beginning of Construction" Standards for Clean Energy Tax Credits, Eliminating 5% Safe Harbor for Wind...

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On August 15, 2025, the Internal Revenue Service (IRS) issued Notice 2025-42, providing long-awaited guidance on the “beginning of construction” requirements for wind and solar facilities under Sections 45Y and 48E of the...more

Bracewell LLP

Treasury Department and IRS Issue New Beginning-of-Construction Guidance for Wind and Solar Facilities

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The One Big Beautiful Bill Act (which we discussed in a previous client alert) generally requires wind and solar facilities to begin construction before July 5, 2026, or be placed in service by December 31, 2027, to qualify...more

Holland & Knight LLP

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

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The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is...more

McGuireWoods LLP

IRS Notice 2025-42 Leaves Beginning of Construction Guidance for Wind and Solar Mostly Unchanged, But Limits 5% Safe Harbor to...

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On Aug. 15, 2025, the U.S. Internal Revenue Service issued Notice 2025-42 addressing the beginning of construction for wind and solar facilities under Section 45Y and 48E of the Internal Revenue Code of 1986, as amended. The...more

Allen Matkins

Renewable Energy Update 8.15.25

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The California Supreme Court unanimously ruled on August 7 that state regulators were given undue deference in deciding to roll back rooftop solar credits for homeowners, reversing an appeals court ruling that upheld the...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey BPU Takes Action on Community Solar & Competitive Solar Incentive Programs: Interesting Comments from the Bench

On August 13, 2025, at the New Jersey Board of Public Utilities’ (Board or BPU) regularly scheduled Agenda Meeting, the Board voted 3-0 to extend the deadlines for completion of construction for community solar projects as...more

Cozen O'Connor

Pennsylvania Perspective for Monday, August 11, 2025

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PA House Advances Transit Funding Amid Budget Stalemate - The Pennsylvania House advanced a transit funding proposal as agencies across the state face potential service reductions. Although the bill reflects both Democratic...more

Husch Blackwell LLP

DOE’s New NEPA Guidance: Streamlines Review and More Opportunity

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Recent changes to the U.S. Department of Energy’s (DOE’s) procedures for complying with the National Environmental Policy Act (NEPA), geared at streamlining the environmental review process, may offer some benefits to...more

Foley Hoag LLP - Energy & Climate Counsel

After the One Big Beautiful Bill Act, Could C-PACE for C&I Solar have its Moment in the Sun?

The recent passage of the One Big Beautiful Bill Act (OBBBA) has introduced significant hurdles to obtaining the tax equity financing upon which solar developers have traditionally relied. As the industry seeks to adapt to...more

Foley Hoag LLP - Energy & Climate Counsel

NYPA’s New 7 GW Renewable Development Goal: What to Expect When Contracting With NYPA

On July 29, 2025, the New York Power Authority (“NYPA”) released for public comment a draft of the NYPA Renewables Updated Strategic Plan (the “Updated Plan”). The Updated Plan lays out a pathway for NYPA to contract with...more

Foley Hoag LLP

EPA Contemplating Purported Termination of All $7 Billion in Solar for All Grants

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Key Takeaways - - EPA is reportedly drafting termination letters purporting to cancel all 60 awards—totaling $7 billion—made under the Inflation Reduction Act’s Solar for All program. - The threatened terminations are the...more

Baker Botts L.L.P.

Wind and Solar on Public Land Face New Fee Regime Under Landmark Legislation

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The landscape of renewable energy development on federal lands is undergoing significant changes with the passage of the One Big Beautiful Act (“OBBA”). This legislation marks a notable departure from the prior discretionary...more

Foley Hoag LLP - Energy & Climate Counsel

New Laws Powering Maine’s Clean-Energy Future

The most recent Maine legislative session produced a slate of new major energy-related legal updates. Ranging from sunsetting and recalibrating net energy billing to overhauling renewable portfolio standards and creating a...more

Baker Donelson

Wind and Solar Projects Face Increased Oversight as Clean Energy Incentives Fade

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The U.S. Department of the Interior (DOI) issued a memorandum on July 15, 2025, announcing the end of what DOI refers to as "preferential treatment" for "unreliable, subsidy-dependent"1 wind and solar energy projects...more

Troutman Pepper Locke

Navigating IP Risks in Emerging Clean Energy Technologies

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The evolution of grid management strategies to accommodate the increased adoption of renewable energy sources has led to a significant rise in both patent filings and patent disputes. An increased proportion of a grid's power...more

Foley Hoag LLP - Energy & Climate Counsel

SMART 3.0 Program Key Changes and Features: Mitigation Fees

We’ve previously covered the Massachusetts Department of Energy Resources (“DOER”) emergency regulations released last month for the SMART 3.0 Program, which significantly revise DOER’s Solar Massachusetts Renewable Target...more

K&L Gates LLP

Navigating the One Big Beautiful Bill Act: Critical Updates to Clean Energy Credits

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President Donald J. Trump signed H.R. 1, the One Big Beautiful Bill Act (OBBBA), into law on 4 July 2025 in an afternoon signing ceremony at the White House (Pub. L. No. 119-21). Senate Majority Leader John Thune (R-SD)...more

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