Court Decision on Energy Grant Leaves Key Question Unanswered | McDermott Skip to main content

Court Decision on Energy Grant Leaves Key Question Unanswered

Court Decision on Energy Grant Leaves Key Question Unanswered

Overview


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.