On Friday, July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (the OBBB), making permanent many of the tax provisions enacted under the 2017 Tax Cuts and Jobs Act and enacting many of the policy objectives of the Trump administration.  The following discussion summarizes at a high level some of the more significant consequences of the OBBB to the wind and solar industry—specifically, to the tech-neutral investment and production tax credits for solar and wind projects under Sections 45Y and 48E (the PTC and ITC, respectively) of the Internal Revenue Code (the Code).  The IRS and Department of the Treasury are also expected to issue additional guidance and regulations to interpret the OBBB.  Among other expected areas of additional guidance, on July 7, 2025, the Trump White House released Executive Order “Ending Market Distorting Subsidies for Unreliable, Foreign Controlled Energy Sources” (the BOC EO), announcing its specific intention to cause Treasury to issue new guidance relating to the Beginning of Construction rules applicable under the ITC and PTC.On Friday, July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (the OBBB), making permanent many of the tax provisions enacted under the 2017 Tax Cuts and Jobs Act and enacting many of the policy objectives of the Trump administration.  The following discussion summarizes at a high level some of the more significant consequences of the OBBB to the wind and solar industry—specifically, to the tech-neutral investment and production tax credits for solar and wind projects under Sections 45Y and 48E (the PTC and ITC, respectively) of the Internal Revenue Code (the Code).  The IRS and Department of the Treasury are also expected to issue additional guidance and regulations to interpret the OBBB.  Among other expected areas of additional guidance, on July 7, 2025, the Trump White House released Executive Order “Ending Market Distorting Subsidies for Unreliable, Foreign Controlled Energy Sources” (the BOC EO), announcing its specific intention to cause Treasury to issue new guidance relating to the Beginning of Construction rules applicable under the ITC and PTC.

The EPA announced on June 11 its intention to repeal three rules under the Clean Air Act that regulate emissions from power plants. This move comes as part of the Trump Administration’s broad energy and regulatory policy shift aimed at expanding domestic energy production, reducing regulatory burdens, and ensuring affordable, reliable energy, as outlined in Executive Order 14154— “Unleashing American Energy” and Executive Order 14156— “Declaring a National Energy Emergency” issued in January 2025. Critics of the Administration’s strategy fear that adverse impacts may result to the energy industry, public health, and the climate.

In an unusual order recently issued by the U.S. International Trade Commission (ITC), the ITC vacated an ALJ’s Final Initial Determination (ID) on sub-prongs (A) and (B) of the economic prong of the domestic industry requirement, finding error in his decision to exclude investments made prior to issuance of the asserted patents. In Certain Oil Vaporizing Devices, Components Thereof, and Products Containing the Same, the ALJ had found infringement, validity, and satisfaction of the technical prong, but he recommended no exclusion order solely because certain of the complainant’s investments under sub-prongs (A) and (B) were incurred prior to the issue date of the asserted patents. See Inv. No. 337-TA-1392, Comm’n Order at 2 (May 16, 2025). That decision broke from over a decade of precedent, the ITC’s order explained.