Douglas E. Lamb Partner

Experience

Renewable Energy Projects

• Represented a developer of landfill gas-to-energy projects, in the sale of ownership in a landfill and landfill gas to RNG joint venture with a renewable natural gas project manufacturer, developer, and operator, as part of the company’s sale to a Canadian multinational pipeline and energy company.
• Represented a waste management, comprehensive waste, and environmental services company operating in North America in connection with U.S. commodities issues in its RNG offtake to an energy company with 520,000 customers in Quebec and the northeastern United States.
• Represented a provider of commercial and residential waste removal and recycling solutions in the sale of landfill gas at two facilities for the development of RNG facilities.
• Represented an industrial gases company selling and distributing high-performance specialty gases nationwide in connection with Section 48 Investment Tax Credit guidance for certain of its cattle operations.
• Represented a producer of clean, renewable energy through partnerships with anaerobic digester operators in Washington, Oregon and Idaho to provide food waste recycling services for those states as well as lower British Columbia in connection with Section 48 Investment Tax Credit guidance for certain of its cattle operations.
• Represented a developer of dairy digesters for generating renewable electricity and vehicle fuel in California in connection with potential acquisition of biogas projects, eligibility of other federal subsidies and tax credits.
• Represented a full-service renewable natural gas platform in connection with the development and construction of several wastewater RNG projects.
• Represented an Ohio-based waste collector and recycler in connection with the development and construction of a landfill gas to RNG facility, including the RNG offtake and sale and monetization of the RNG.
• Represented a non-profit trade association dedicated to advocation and education for the renewable natural gas industry in the appeal of EPA’s biogas regulatory reform rule.
• Represented sponsors, borrowers, investors, contractors and feedstock providers in the negotiation and drafting of joint venture agreements, public-private partnership arrangements, energy efficiency agreements, energy service performance contracts, power purchase agreements, gas transportation, marketing and fuel dispensing arrangements, site leases, hauling and transfer agreements, gas sale and purchase agreements and animal waste supply agreements for solar, wind, geothermal, landfill gas and poultry, swine and dairy gas projects, facilities and operations.
• Served as bond, special tax, underwriter’s, developer’s, purchaser’s and investor’s counsel on tax-exempt and taxable municipal and commercial transactions, including non-recourse and limited recourse project finance transactions, involving the generation of electricity, direct use transportation fuel, industrial fuel and pipeline injection, sourced from landfill gas, waste water gas, food waste, source separated waste, animal waste, recycled products and other feedstocks, including in California, Texas, Michigan, Kentucky, Missouri, Virginia, Maryland, North Carolina, South Carolina, Georgia, Mississippi and Florida.
• Represented developers, borrowers and sponsors on transactions using investment and production tax credits for solar, wind and biomass projects in Georgia, North Carolina, Washington, Oregon and Texas.
• Represented underwriters, lenders, developers, localities, and local and regional authorities on governmental transactions, including special assessment, tax increment financings and property assessed clean energy (PACE) financings.
• Served as bond, lender’s and borrower’s counsel on more than 100 separate issuances of clean and new clean renewable energy, qualified school construction, qualified energy conservation and qualified zone academy bonds in more than 20 states, including direct pay subsidy bonds and tax credit bonds. These transactions have involved financing landfill gas, hydroelectric, solar, wind, biomass, energy efficiency, renewable natural gas, fuel conservation and compressed natural gas engine conversion projects and facilities for public utilities, including energy governmental entities. Several of these transactions required the establishment of new enterprises and revenue streams to secure the financings.

Infrastructure Projects

• Represented leverage lenders, lenders, governmental sponsors, borrowers, QALICBs and other participants on federal new markets tax credit transactions in Virginia, Tennessee, Florida, Maryland, New Jersey, Kentucky, Georgia and Texas and state new markets transactions, where applicable. These transactions have supported charitable, community, medical, manufacturing, retail, commercial, and charter school and secondary education facilities for governmental, non-profit and corporate entities as real estate, construction and working capital operating financings, using “portions of business” approaches, as needed, and many of these transactions have been combined with other sources of capital, including federally tax-exempt debt plus state and federal historic and energy tax credits, where such existing incentives or capital arrangements have been recapitalized or restructured to accommodate the introduction of new capital.
• Represented various borrowers, sponsors, aviation companies, infrastructure funds and investors on the construction and long term financing of roads, tollroads, airport facilities, various utilities and social infrastructure, including arenas.
• Represented the sponsor in forming a qualified opportunity zone fund to support a medical office building in South Carolina.
• Represented developers and borrowers in local and state tax incentive and economic development matters in Mississippi, Alabama, Missouri, Georgia, New York and South Carolina.
• Represented various concerns on local, state and federal legislative activities to support various financing activities.
• Served as bond, borrower’s, lender’s, underwriter’s and special tax counsel on a variety of private activity and exempt facility bond issuances, including manufacturing, water supply, disaster area, recovery zone facility, recovery zone enterprise and gulf opportunity zone bonds, from 2000 through 2016, exceeding $2.0 billion.
• Served as bond and corporate counsel for a tax-exempt solid waste bond borrower on a national basis with one billion or more in outstanding fixed and variable rate debt in 35 states to finance and refinance landfill, transfer station and hauling facilities, assets and equipment.
• Represented issuers and borrowers on bond validation proceedings and in taxable state and local tax incentive and economic development transactions.