This morning, the Iowa Supreme Court handed down a ruling that supports third-party power purchase agreements. This ruling is a win for the solar industry and sets an important precedent for future legal challenges to third-party ownership in other states, such as Wisconsin.
The following article posted on Business Record’s website contains more details regarding the ruling:
Iowa Supreme Court ruling clears way for third-party rooftop solar agreements
Friday, July 11, 2014 10:35 AM
The Iowa Supreme Court issued a ruling this morning that a Dubuque solar energy company did not act as a public utility when it attempted to enter into a third-party power purchase agreement with the city of Dubuque, the Dubuque Telegraph Herald reported.
In a split decision, the court ruled, 4-2, with one abstention, in favor of Eagle Point Solar in the case filed against the Iowa Utilities Board. The ruling is expected to clear the way for additional municipalities or nonprofits, which cannot directly claim solar tax credits, to buy solar energy from non-utility third parties and take advantage of the credits.