Court overturns Trump IRS guidance that targeted clean energy projects
(Washington, D.C. – June 8, 2026) A federal court has rejected a Trump administration attempt to undermine federal tax incentives for clean energy projects.
This weekend, the U.S. District Court for the District of Columbia vacated a notice issued by the IRS last summer that abruptly eliminated a commonly-used method for wind and large solar projects to qualify for federal tax credits. The court determined that the IRS notice was “arbitrary and capricious” and stated that, “[t]he natural economic consequence of the Notice is less clean electricity generation capacity and higher electricity prices.” (Opinion, page 25)
“The Trump administration tried to twist the law to keep solar and wind projects from getting their earned tax credits – a move that would have meant less clean, affordable power for American families and more dangerous air pollution for all of us,” said David Villagrana, Lead Counsel for Environmental Defense Fund. “Vital solar and wind power projects will be able to move ahead now that the court has ruled.”
The issue involved the long-standing “5% safe harbor” that the IRS first established in 2013, under which projects qualify for certain clean energy production and investment tax credits once they have invested 5% of the cost of their project by a given date. The IRS, at the direction of the President, eliminated this streamlined and commonly-used approach to qualifying for tax credits – but applied the change only to wind and large solar projects.
EDF filed an amicus brief in the case outlining the important role that tax credits play in supporting clean energy projects that help keep energy affordable for Americans, reduce air pollution and make the air safer to breathe for people across the country. The brief also discussed the legal deficiencies in the IRS notice.
With more than 3 million members, Environmental Defense Fund creates transformational solutions to the most serious environmental problems. To do so, EDF links science, economics, law, and innovative private-sector partnerships to turn solutions into action. edf.org
Latest press releases
-
Statement: ADWR Moves Forward with Public Hearing to Consider New Irrigation Non-Expansion Area in the San Simon Sub-Basin
September 3, 2026 -
Statement: Federal court blocks Trump EPA’s attack on state clean vehicle standards
September 2, 2026 -
New report finds Rhode Island’s electric rates overcharge many heat pump customers
September 1, 2026 -
Groups urge EPA not to weaken air pollution protections for heavy-duty trucks, buses
August 31, 2026 -
Advocates take Department of Energy to court over unlawful Orlando area coal plant extension
August 28, 2026 -
Coming soon: Trump administration attacks on protections against climate pollution from power plants
August 27, 2026