Court Saves Wind Safe Harbor, Norway Pauses Utsira Nord

A federal court restores the 5% safe harbor for wind tax credits, Norway’s parliament pauses the 35 billion krone Utsira Nord floating wind program, and the crew digs into Australia’s battery boom and the looming blade technician shortage. Sign up now for Uptime Tech News, our weekly newsletter on all things wind technology. This episode is sponsored by Weather Guard Lightning Tech. Learn more about Weather Guard’s StrikeTape Wind Turbine LPS retrofit. Follow the show on YouTube, Linkedin and visit Weather Guard on the web. And subscribe to Rosemary’s “Engineering with Rosie” YouTube channel here. Have a question we can answer on the show? Email us! Uptime324 Matthew Stead: [00:00:00] The Uptime Wind Energy podcast, brought to you by StrikeTape. Protecting thousands of wind turbines from lightning damage worldwide. Visit StrikeTape.com. And now, your hosts Allen Hall: Welcome to this edition of the Uptime Wind Energy podcast. I’m Allen Hall here with Matthew Stead, Rosemary Barnes, and Yolanda Padron. And our week starts off in the courtroom. And if you’ve been watching the news lately, there’s a pretty substantial IRS case involving large-scale wind and solar having to do with the, uh, production tax credit and, uh, investment tax credit at the same time on the safe harbor, 5% safe harbor rule. Uh, a federal judge handed the wind industry and solar industry a pretty substantial legal win that could reshape how the [00:01:00] projects qualify for tax credits. So a judge up in, uh, the District of Columbia vacated IRS Notice 2025-42. So if you remember that, uh, from a- about a year or so ago, uh, f- it found that the, that notice was arbitrary and capricious under the Administrative Procedure Act. The notice, which was issued following a July 2025 executive order, had eliminated the 5% safe harbor for wind projects, uh, a provision developers have relied on since about 2013 to establish construction start dates without breaking ground. The court found the IRS failed to justify removing it, ignored industry comments, which I had read, and I agree with that, and gave no reason for treating wind differently f- than other clean energy technologies. So That his executive order came down and said, “Hey, we don’t like wind. [00:02:00] IRS, write a rule and make it hard for wind to get installed in the United States.” And so they dutifully did it, but a court is throwing it out. This has some pretty significant implications because if you hadn’t broken ground before this ruling, I think the– what was happening was be- if you hadn’t broken ground by July 4th, your project wouldn’t qualify for some tax credits. But now, if you have 5% safe harbor, you still are in the game, at least for now. Now, Wanda, that’s gonna make a big difference to asset managers and developers, won’t it?  Yolanda Padron: Yeah, it’s really exciting. I think it opens up the, the playing field for, for some of these projects that might be a little bit behind schedule. Um, of course, a lot of teams had to change their plans and their pipeline when, um, you know, the big, beautiful bill passed and, I mean, it’s– of course, it adds a little bit of additional volatility, right, to, to wind and, and solar in the US, but it’s exciting to see at least things for, [00:03:00] for those of us that are in the wind and solar side, the, it’s a little, little bit of, of hope there. Allen Hall: And Matthew, uh, even in terms of opening up o-o-operations and, uh, getting contracts signed, this should make a big difference in sort of opening the floodgates a little bit. Although there is a short timeframe. We’re, we’re recording on, what, what is today? June 10th. So you have, in theory, l