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Recently, in Alta Wind I Owner Lessor C et al. v. United States, the US Court of Appeals for the Federal Circuit vacated and remanded the decision of the US Federal Court of Claims, which had awarded the owners of six California wind farms approximately $206 million of Section 1603 grants. This Legal Update provides background on the case, examines the Federal Circuit’s reasoning and discusses the tax questions that the holding answers—and doesn’t—for the renewable energy industry.
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