Jeffry S. Hinman (J.D. 2009, Oregon) has published The Green Economic Recovery: Wind Energy Tax Policy After Financial Crisis and the American Recovery and Reinvestment Tax Act of 2009, 24 J. Envtl. L. & Litig. 35 (2009). Here is the abstract:
This Note explores the weaknesses that the recession has exposed in the United States’ current renewable energy tax policy and evaluates the 111th Congress’ legislative response to those weaknesses. In doing so, this Note looks at the major U.S. renewable energy tax policies of the last thirty years and investigates the effects of those federal policies on the wind energy industry. The focus on wind is not an endorsement to pursue wind energy over all other forms of renewable energy; rather, it is meant as a case study on how federal tax policy has effected one industry and how it can better encourage growth in that industry. Part I outlines the current state of the wind energy industry, its potential to grow, and the difficulties presented by the financial crisis, the recession, and fluctuations in prices for traditional sources of energy. Part II discusses the history, successes, and limitations of the federal renewable energy tax policies of the past thirty years, including a discussion of the Production Tax Credit (PTC) and the key renewable energy sections of American Recovery and Reinvestment Tax Act of 2009 (ARRTA). Part III suggests a comprehensive renewable energy policy that complements the significant accomplishments in ARRTA and clears the way for the wind industry to become a major player in the U.S. energy market.



