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Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation; Smaller Award to Biomass Facility

By Debra A. Harrison, Gale E. Chan, Heather Cooper, Kevin Spencer, Madeline Chiampou Tully, Martha Groves Pugh & Philip Tingle on November 17, 2016

The US Court of Federal Claims awarded damages of more than $206 million to Plaintiffs/applicants in a case with respect to the cash grant under Section 1603 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). In its opinion, which was unsealed on Monday, October 31, the court held that the US Department of the Treasury had underpaid the Section 1603 Grants arising from projects in the Alta Wind Energy Center because it had incorrectly reduced Plaintiffs’ eligible basis in the projects. In a separate case in the Section 1603 Grant context, the court awarded $450,000 to GUSC Energy, Inc. in connection with a combined heat and power biomass facility.

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  • Posted in:
    Corporate & Commercial, Corporate Finance
  • Blog:
    Corporate Deal Source
  • Organization:
    McDermott Will & Emery

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