The Treasury Department’s alleged failure to require environmental review compliance before claiming or transferring federal tax credits isn’t enough to support a lawsuit seeking to block a massive solar project in Kansas, a federal appeals panel ruled Tuesday.
The US Court of Appeals for the Tenth Circuit said “there is no discretionary agency action” the department can undertake under the National Environmental Policy Act. The dispute centers around a NextEra Energy Resources subsidiary’s proposed project in Jackson County, Kan.
NextEra unit Jeffrey Solar LLC “is the one building the Jeffrey Solar project, and the act of building the project is …