Eric Pogue

• Named to The American Lawyer’s 2022 List of Northeast Trailblazers
• Recognized by Chambers Global for Projects: Renewables & Alternative Energy – USA, 2016 and 2020-2024 
• Recognized by Chambers USA for Projects: Renewables & Alternative Energy, 2014–2015, 2018–2023
• Recognized by Chambers USA for Projects: Power & Renewables: Transactional - USA - Nationwide, 2020-2023
• Recommended Lawyer for Energy: Renewable/Alternative, Legal 500 United States, 2017–2020
• Recommended Lawyer for Project Finance, Legal 500 United States, 2018-2020
• Listed for Energy Transactions: Conventional Power, Legal 500 United States, 2019
• Listed as “Highly Regarded”, IFLR1000 Project Finance, 2023
• Named “Rising Star”, IFLR1000 Energy: United States, 2015, 2018–2020
• Named among Law360 Energy Rising Stars, 2014
• “Rising Star” Business/Corporate, and Energy & Natural Resources, Washington DC Super Lawyers, 2014 and 2016.
• Contributing editor of the Getting the Deal Through: Renewable Energy guide for 2018 through 2020
  
   

• Co-author “Long Term for US Renewable Offtakes,” Project Finance International (December 19, 2023)

Renewable Energy M&A

•  Representation of parties in the acquisition and divestment of various energy assets on both a single project and portfolio basis, including:
  
  • Duke Energy in the sale of a minority interest in a multi-billion-dollar portfolio of operating wind, solar and battery projects;
  • A global energy sponsor in its acquisition of battery storage business with an equity value in excess of $1 billion;
  • A utility selling its commercial distributed generation business made up of a portfolio of operating solar and fuel-cell projects, a development pipeline and O&M portfolio;
  • A global investment group with respect to its joint venture investment in a consortium developing a New York Bight offshore wind project;
  • A joint venture with respect to the acquisition of an interest in a portfolio of 25 operating wind projects across the U.S., including related diligence and structuring matters;
  • A utility acquiring, and simultaneously tax equity financing, a portfolio of fuel cell projects;
  • A Spanish investor acquiring a portfolio of 19 operating U.S. solar projects; 
  • A financial institution investor acquiring an interest in a portfolio of 22 operating wind projects across the U.S., including related joint venture and tax equity structuring matters;
  • Ember Infrastructure Partners in connection with joint venture arrangements and related acquisition in a portfolio of operating biomass projects; and 
  • A private equity investor in the sell-down off its entire solar portfolio in a series of third-party transactions.
    

Renewable Energy Project Finance and Other Finance Transactions 

• Representation of project developers, lenders, strategic and tax equity investors with respect to the development and financing of utility scale solar projects utilizing a variety of structures, including partnership flip, sale-leasebacks and back-leverage financings. Transactions include: Adams Solar; Adjtya Solar; Aktina Solar; Apple Grove Solar; Athos III; California Flats 1 and 2; Camp Solar; Cuyama Solar; Cleanlight Solar; Central Rosamond; Elara Solar; Energix VA Portfolio I and II; Galloway Solar; Hickory Solar; Holstein Solar; Lapetus Solar; Luciana Solar; Muscle Shoals; Oberon II; Palmer Solar; Pamplin Solar; Pisgah Ridge Solar; Prospero Solar; Rives Roads; Rosamond Solar; Shakes Solar; Shoreham Solar Commons; Simon Solar Farm; Switch Solar 1 and 2; Sunray Solar; Titan Solar; Tres Bahias Solar; and Waverly Solar.
• Representation of sponsors, lenders and investors in the development and financing (including tax equity) of windpower (on- and off-shore) projects on both a single project and portfolio basis. Transactions include: Atlas (offshore); Carolina Long Bay (offshore); Centennial I and II; Fluvanna; Frontier Wind II; Javelina; Gearbox Portfolio; Grant County Wind; Great Western; Kittyhawk (offshore); Ledyard Wind; Lindahl; Limon 3; Magic Valley; Mammoth Plains; Maryneal Wind; Mesteno; NY Bight (offshore); Red River Portfolio; Stephens Ranch I and II; Sunflower and Thunder Ranch.
• Representation of project developers, sponsors, lenders and tax equity investors with respect to a number of distributed generation financings. Transactions include portfolios across the U.S. developed by: DSD; Duke (REC Solar), Eastlight Renewables, ENGIE, Greenbacker Longroad, Navisun and NRG Renewables.
• Representation of tax equity investors in residential solar portfolio transactions developed by: Exelon (Constellation), Standard Solar, SunEdison, SunPower and Vivint

Other Commercial Transactions

• Representation of a private equity client with respect to acquisition financing and related matters for a portfolio of water utility assets.
• Representation of 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.
• Representation of private equity firm in the purchase and subsequent resale of two hydropower projects, including related FERC approvals.
• Representation of 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.
• Representation of an owner with respect to structuring, development, financing, construction and operational matters for a uranium enrichment facility, including preparation of a loan guarantee application pursuant to the Energy Policy Act of 2005.

_{*Eric advised on some of these matters prior to joining Willkie.}