Alta Wind I Owner Lessor v. United States

Dyk, Circuit Judge.

In order to encourage the construction of alternative energy production facilities, Congress enacted section 1603 of the American Recovery and Reinvestment Act (ARRA) of 2009, Pub. L. No. 111-5, 123 Stat. 115 , 364-66 (set forth at I.R.C. § 48 *1368 note), which provides a cash grant to entities that "place[ ] in service" certain renewable energy facilities, id. § 1603(a). The amount of the grant is determined using the basis of the tangible personal property of the facility (with certain exclusions). Id. § 1603(b)(1).

Here, plaintiffs, the owners of the Alta windfarms, placed…