Stoll Berne attorney Steven Berman obtained over $700,000 in tax credits for Stoll Berne Client, Quicksilver Contracting Company.
Quicksilver had applied for Biomass Producer and Collector Tax Credits for biomass it had harvested in 2011. In early 2012, the Oregon Department of Energy denied the applications, based on the Department’s interpretation of a rule the Department had adopted.
Stoll Berne filed a lawsuit in Klamath County Circuit Court, where Quicksilver is based, challenging the Department’s rule. Berman argued that the rule exceeded the Department’s authority. Klamath County Circuit Court Judge Cameron F. Wogan agreed, and in May, 2013, granted Quicksilver’s motion for summary judgment and denied the Department of Energy’s cross-motion for summary judgment.
The Department of Energy appealed to the Oregon Court of Appeals. Berman represented Quicksilver in the appeal. After briefing and argument, the Oregon Court of Appeals affirmed Judge Wogan’s decision.
The case is entitled Quicksilver Contracting Company v. Oregon Department of Energy.
