Supreme Court Upholds Nameplate Capacity Tax

Today the Nebraska Supreme Court ruled that the credit provision of the Nameplate Capacity Tax applicable to wind-energy generation facilities is constitutional. Baird Holm attorney David C. Levy played a key role in drafting the underlying legislation, and the Court’s ruling maintains the way for Baird Holm client Elkhorn Ridge Wind to be treated the same as all other wind energy generation facilities as to taxation, and to avoid double taxation with respect to the Nameplate Capacity Tax. To see the Supreme Court’s decision click here.