Eric R. Pogue’s practice focuses on project development and finance – with an emphasis on renewable energy. Eric is co-chair of the firm’s renewable energy practice and leads the firm’s efforts on corporate sustainability and clean power matters.
With over 20 years of experience in the energy sector, Eric has represented clients in the development, financing and acquisition of a variety of asset types (including nuclear, coal, gas, solar, wind, hydro, biomass, transmission facilities, water utilities and data centers), utilizing a variety of transaction structures, including energy M&A, debt finance, tax equity, DOE loan guarantees and export-credit agency finance.
Prior to joining the firm, Eric represented clients on transactional energy matters while at a leading international law firm. In addition, from 1999 to 2004, Eric was a project manager at the US Nuclear Regulatory Commission.
Eric is a Recognized Practitioner by Chambers USA Renewables & Alternative Energy, has been recommended by Law360, IFLR and the Legal 500 in recent years and is the contributing editor of the Getting the Deal Through, global renewable energy guide for 2017 and 2018.
Experience:
- Represented project developers / sponsors and tax equity investors with respect to the financing of utility scale solar projects utilizing a variety of structures, including partnership flip, sale-leasebacks and back-leverage financings. Transactions include:
- California Flats 1 and 2; Camp Solar; Cuyama Solar; Cleanlight Solar; Shoreham Solar Commons; Simon Solar Farm; and Switch Solar 1 and 2.
- Represented tax equity investors with respect to the financing of various partnership flip windpower transactions on both a single project and portfolio basis. Transactions include:
- Centennial I and II; Fluvanna; Javelina; Gearbox Portfolio; Grant County Wind; Great Western; Lindahl; Limon 3; Magic Valley; Mammoth Plains; Red River Portfolio; Stephens Ranch I and II; Sunflower and Thunder Ranch.
- Represented project developers / sponsors, lenders and tax equity investors with respect to a number of distributed generationfinancings. Transactions include portfolios across the U.S. developed by:
- Duke (REC Solar), Eastlight Renewables, ENGIE (Socore) Longroad, and NRG Renewables
- Represented tax equity investors with respect to a number of residential solar portfolio transactions, including portfolios across the U.S., developed by:
- Exelon (including Constellation); Standard Solar, SunEdison, SunPower, Tesla (including SolarCity) and Vivint
- Represented parties acquiring and divesting various energy assets on both a single project and portfolio basis, including:
- Represent an investor with respect to its acquisition of an interest in a portfolio of 25 operating wind projects across the U.S., including related partnership and financing matters;
- Represent a private equity investor bidding on a solar portfolio consisting of 26 operating utility-scale solar projects;
- Represent a private equity investor with respect to the sell-down off its entire solar portfolio in a series of transactions; and
- Represent a tax equity investor selling down its wind portfolio.
- Represent clients on a variety of other commercial transactions, including
- Represented equity investor in its acquisition of an indirect interest in a 2 MW solar PV generating facility and a related 10 MW battery energy storage system in Arizona.
- Represented a private equity client with respect to acquisition financing and related matters for a portfolio of water utility assets.
- Represented DTE Energy Services in the acquisition of an interest in, as well as with respect to structuring, financing and operational matters related to, a California power plant being converted to a biomass-fired facility.
- Represent a private equity firm in the purchase and subsequent resale of two hydropower projects, including related FERC approvals.
- Represent a developer, including negotiating EPC arrangements, power purchase agreement and site lease arrangements, with respect to a ground-mounted, utility-scale project developed in New Mexico.
- Represent a developer with respect to structuring, development, financing, construction, and operational matters related to planned new nuclear power projects, including preparation of a loan guarantee application pursuant to the Energy Policy Act of 2005, and a related export credit agency construction financing.
EDUCATION:
- JD, Georgetown University Law Center, cum laude, 2005
- AM, Washington University in St. Louis, 1999
- BS, The George Washington University, magna cum laude, 1997
BAR ADMISSIONS:
- District of Columbia
- Maryland
Cost
Rate : $$$
