Neb. High Court Says Wind Tax Credit Is Constitutional

Law360, New York (August 5, 2013, 4:43 PM ET) -- Nebraska's top court on Friday upheld a tax credit for wind energy companies that allows wind farm Elkhorn Ridge Wind LLC to credit nearly $1.6 million it previously paid in property toward its future tax bills, reversing a lower court decision that said the credit violated the state's constitution.

Prior to 2010, Nebraska wind energy generation facilities were taxed as personal property and depreciated over a five-year period. To decrease startup costs and encourage further wind development, state lawmakers in 2010 exchanged wind companies' property tax...
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