Court Decision on Energy Grant Leaves Key Question Unanswered

Philip Tingle and Kevin Spencer said that a recent US Court of Appeals for the Federal Circuit ruling regarding section 1603 energy grants left a substantive question unanswered. “The court didn’t address the crux of the case, which is whether the [power purchase agreement] has to be viewed separately from the property, plant, and equipment for the purposes of getting a section 1603 grant,” Mr. Tingle said.