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David Burton

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Articles

Hot Topics at the Intersection of Clean Energy Development and Finance from Infocast New York

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By David Burton
| projectfinance.law
Five panelists — three solar developers, a project finance banker and an infrastructure private credit investor — spoke at the Infocast New York conference in Albany on April 15, 2026 about how renewable energy projects are being developed and financed this year, and how the market will change after the federal tax credits for wind and solar are phased out under the One Big Beautiful Bill Act.
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Tax Basis Issues: Alta Wind Round Three

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By Keith Martin, David Burton, Hilary B. Lefko, Gabrielle Jacques
| projectfinance.law
A long-awaited court decision released Wednesday that had the potential to affect how tax bases are determined for calculating investment tax credits is unlikely to have much effect in practice. The case is Alta Wind I Owner Lessor C v. United States. It has been 13 years in the courts.
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US court rejects Treasury tightening of construction-start rules

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By Keith Martin, David Burton, Hilary B. Lefko, Gabrielle Jacques
| projectfinance.law
A US district court said Saturday that developers of wind and solar projects rushing to start construction by July 4 this year to lock in federal tax credits should have two options -- rather than a single option -- for how to do so. The US Treasury said in a notice last August, in response to an executive order from President Trump, that wind and solar projects on which construction starts after September 1, 2025 must prove "physical work of a significant nature" started on the project.
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