Court Throws Out Notice 2025-42 – 5% Safe Harbor is Back for Wind and Solar

Over the weekend the U.S. District Court for the District of Columbia vacated IRS Notice 2025-42 in full, immediately restoring the Five Percent Safe Harbor as a pathway to establish beginning of construction for wind and large-scale solar projects. With the OBBBA's July 4, 2026 BOC deadline now less than a month away, developers, sponsors, tax equity investors, lenders and offtakers face urgent decisions about eligibility strategy, documentation and counterparty alignment.

Join John Eliason, Mark Christy and Wolf Pohl for a fast-paced, 60-minute conversation covering what the ruling means in practice. We will discuss pivot strategies, term sheet implications, risks associated with pursuing a 5% safe harbor strategy and administrative items – such as how the ruling impacts other IRS guidance and IRS forms that cross-reference Notice 2025-42.

For more information, please reach out.