Durham serves as co-lead of our renewable energy team. He focuses his practice on tax structuring for renewable energy transactions, with a particular emphasis on production tax credits (PTC), investment tax credits (ITC) and Section 1603 Treasury Grants.
Durham’s renewable energy experience includes project developments, joint ownership arrangements, power purchase agreements, transmission agreements, turbine supply agreements, balance of plant contracts, financings, acquisitions, divestures and operational matters. He also has significant experience representing clients with their mergers and acquisitions, finance ventures, capital raises and general governance.
Over the course of his career, Durham has represented wind, solar and geothermal project developers, consumer-owned utilities, borrowers, real estate developers, and buyers and sellers of businesses in deals aggregating well over 5,000 MWs. He also regularly writes and speaks on tax equity trends impacting the renewable energy industry.
Durham is licensed to practice in Texas, Washington and Oregon. He is also admitted to practice in U.S. Tax Court. Durham has a master’s of law in taxation from Georgetown University Law Center.
Experience
- Outside general counsel to a Washington state electric cooperative for all operational and renewable energy investment matters, including coop governance, structuring for renewable energy investments, formation of taxable subsidiary corporations for investments in wind energy generation projects while preserving tax-exempt status of electric coop, revenue bond and debt issuances, collection matters, telecom joint ventures and other day-to-day operational matters.
- Representation of geothermal company in acquisition of geothermal projects.
- Project counsel in connection with the development, financing and operation of a 99 MW wind electrical generation, including qualifying the project for the United States Treasury’s Section 1603 Grant program.
- Representation of co-energy purchaser in the first tax-equity finance structure in the U.S. using pre-paid power purchase agreements.
- Representation of consumer owned utility in connection with bond offering to fund twenty-year prepaid PPA and credit facility to fund investment in wind energy project.
- Georgetown University Law CenterLLMTaxation2004
- University of Oregon School of LawJD2003
- Willamette UniversityBSEconomics2000
Member, Fellows of the American Bar Foundation
- Moderator, "Regulations: The U.S. Regulation Maze: An In-Depth Exploration of Tax Incentives and Their Role in Shaping Renewable Energy Progress," Energyear USA Congress 2024, October 10, 2024
- Moderator, "Optimizing the Tax Benefits and the Capital Stack: What Are We Seeing in Hybrid/T-Flip and Transferability Transactions?," Tax Credits & Transferability Summit, Houston, TX, September 25, 2024
- Moderator, "Hydrogen Investment Challenges and 45V Tax Credits," S&P Global Hydrogen Markets Conference, San Diego, CA, May 7, 2024
- Keynote Speaker, "IRA Tax Credits and Other DOE Incentives," 2024 MISO SPP Regional Conference – Gulf Coast Power Association, March 4-5, 2024
- Moderator, "The Transferability Market + Direct Pay," Projects & Money Summit, January 17 - 19, 2024
- Panelist, "Claiming and Monetizing IRA Tax Credits," The Coalition for Renewable Natural Gas Annual Conference, December 14, 2023
- Moderator, "Impacts of the IRA on the Renewable Energy Pipeline in the Southeast," Southeast Renewable Energy Summit, December 6, 2023
- Speaker, "Solar and Storage Related Credits, Transferability & Stacking," Solar & Storage Finance USA 10th Edition 2023, New York, NY, November 7, 2023
- Moderator, "The State of Project Finance and the Road Ahead – View from the C-Suite," Projects & Money Conference, January 24, 2023
- Speaker, Inflation Reduction Act Implications for Renewable Energy, Strafford Publications, Inc., CLE Webinar, November 8, 2022
- Speaker, Energy Private Equity and Independent Sponsors Virtual Roundtable, March 29, 2022
- Moderator, "The State of Project Finance and the Road Ahead – View from the C-Suite," Projects & Money, January 24, 2023
- Panelist, "Advancing RNG in Biden’s Build Back Better Plan," The Coalition for Renewable Natural Gas Annual Conference, December 16, 2021
- Speaker, Carbon Capture and Storage Tax Credits, May 5, 2021
- Speaker, Renewable Energy Project Development on Federal Land, Strafford Publications, Inc., CLE Webinar, March 30, 2021
- Speaker, "Onshore Hotspots," Financing Wind North America 2020, September 2-4, 2020
- Speaker, Renewable Energy Projects: Maximizing Investment and Production Tax Credits, Strafford Publications, Inc., CLE Webinar, August 13, 2020
- Speaker, "Securing Tax Credits for Renewable Energy Projects, IRS 'Beginning of Construction' guidance" and "Avoiding Mishaps That Jeopardize Tax Incentives," Leveraging PTC and ITC for Renewable Energy and the New Tax Extenders Bill, Webinar, March 26, 2020
- Speaker, Update on the Status of 45Q Tax Incentives and How to Prepare, Washington, DC, August 7, 2019
- Panel Moderator, "The Project Acquisition Pipeline and Investor Preferences," Southeast Renewable Energy Summit, November 7-9, 2018
- Speaker, Solar Energy and ITC: New IRS Guidance on Begin-Construction Requirement, September 13, 2018
- Presenter, "Tax Equity Structuring in Light of Tax Reform: Risks and Opportunities," The Knowledge Group Webinar Series, April 4, 2018
- Speaker, "Impact of the 2017 Tax Act on Renewable Energy Projects," Essential Insight on Sweeping Tax Reforms, January 9, 2018
- Speaker, Impact of the 2017 Tax Act on Renewable Energy Projects, January 9, 2018
- Speaker, "Ownership & Financing Models for Distributed & Community Renewable Energy Projects," Washington Future Energy Conference, November 14, 2012
- Speaker, "The State of Northwest Energy Markets After California Senate Bill 2X," Washington State of Municipal and PUD Attorneys, December 8, 2011
- Moderator, "New Models for Financing Energy Efficiency," Washington Future Energy Conference, October 19, 2011
- Speaker, "Renewable Energy Contracts - Federal Incentives and PUD Constraints," Washington Society of Municipal and PUD Attorneys, June 30, 2011
- Oregon
- Texas
- Washington
- U.S. Tax Court
Selected for inclusion in “Legal 500 United States,” Energy: Renewable/Alternative Power; Project Finance, 2021-2024; Tax: U.S. taxes – noncontentious, 2024
Named to “Legal Power List 2020“, A Word About Wind
Named to “Washington Rising Stars,” Tax, Energy & Natural Resources, Business/Corporate, Super Lawyers, Thomson Reuters, 2008, 2011-2014
- Author, IRS Releases Proposed Regulations on Section 30C ITC for Electrical Vehicles and Alternative Fuel Refueling Property, McGuireWoods Legal Alert, September 30, 2024
- Author, IRS Issues New Safe Harbor for 10% Domestic Content Bonus, McGuireWoods Legal Alert, May 24, 2024
- Author, IRS Opens Portal to Register Credits for Direct Payments or Transfers, McGuireWoods Legal Alert, January 17, 2024
- Author, Treasury and IRS Issue Guidance for Section 45X Advanced Manufacturing Production Credit, McGuireWoods Legal Alert, January 17, 2024
- Author, Treasury and IRS Issue Guidance for Section 45V Hydrogen Production Tax Credit, McGuireWoods Legal Alert, January 17, 2024
- Author, IRS and Treasury Seek Comments on Direct Pay and Domestic Content Overlap, McGuireWoods Legal Alert, January 17, 2024
- Author, First Court of Appeals Dismisses Winter Storm Uri Claims Against Wholesale Power Generators, McGuireWoods Legal Alert, December 15, 2023
- Author, IRS Refreshes and Codifies Energy Property Tax Credit Guidance in Proposed Section 48 Regulations, McGuireWoods Legal Alert, November 21, 2023
- Author, 30-Day Initial Application Window for Low-Income Communities Bonus Credit Fast Approaching, McGuireWoods Legal Alert, November 7, 2023
- Author, Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas, McGuireWoods Legal Alert, October 5, 2023
- Author, IRS Proposes Prevailing Wage and Apprenticeship Regulations, McGuireWoods Legal Alert, August 30, 2023
- Author, IRS Issues Guidance for Direct Payments of Energy Tax Credits, McGuireWoods Legal Alert, June 20, 2023
- Author, IRS Issues Guidance for Transferability of Energy Tax Credits, McGuireWoods Legal Alert, June 16, 2023
- Author, IRS Issues More Guidance for Section 48C Advanced Energy Project Tax Credit Allocation Program, McGuireWoods Legal Alert, June 2, 2023
- Author, Domestic Content 10% Bonus Guidance Released (IRS Notice 2023-38), McGuireWoods Legal Alert, May 15, 2023
- Author, Opening Soon — Application for Section 48C Advanced Energy Project Investment Tax Credit, McGuireWoods Legal Alert, May 9, 2023
- Author, IRS Issues Guidance for Energy Community Bonus Tax Credits – Notice 2023-29, McGuireWoods Legal Alert, April 5, 2023
- Author, Energy Credits — Treasury, IRS Promise Direct Pay and Transferability Registry and Guidance, McGuireWoods Legal Alert, March 27, 2023
- Author, PUCT Winter Storm Uri Orders Reversed and Remanded by Texas Court of Appeals, McGuireWoods Legal Alert, March 19, 2023
- Author, IRS Issues Guidance for Energy Tax Credits in Low-Income Communities – Notice 2023-17, McGuireWoods Legal Alert, February 16, 2023
- Author, Inflation Reduction Act Extends and Modifies Tax Credits for Solar Projects, McGuireWoods Legal Alert, February 6, 2023
- Author, Inflation Reduction Act Creates New Tax Credit Opportunities for Energy Storage Projects, McGuireWoods Legal Alert, December 27, 2022
- Author, Commerce Department Releases Preliminary Findings on Chinese Solar Manufacturers’ Alleged Circumvention, McGuireWoods Legal Alert, December 5, 2022
- Author, IRS Issues Prevailing Wage and Apprenticeship Guidance — Starts 60-Day Clock, McGuireWoods Legal Alert, November 30, 2022
- Author, Inflation Reduction Act Extends and Modifies Tax Credits for Wind Projects, McGuireWoods Legal Alert, August 24, 2022
- Author, U.S. Senate Introduces the Inflation Reduction Act, McGuireWoods Legal Alert, August 2, 2022
- Author, Build Back Better Act, McGuireWoods Legal Alert, September 24, 2021
- Author, IRS Further Extends Continuity Safe Harbor for 2016 and Later Renewable Energy Projects, McGuireWoods Legal Alert, July 2, 2021
- Author, U.S. Senate Introduces the Clean Energy for America Act, McGuireWoods Legal Alert, April 29, 2021
- Author, Biden Proposes American Jobs Plan: Renewable Energy Initiatives, McGuireWoods Legal Alert, April 2, 2021
- Author, Texas in Crisis: Energy Industry Braces for Perfect Storm, McGuireWoods Legal Alert, February 17, 2021
- Author, President Biden’s Energy Policy: Early Executive Orders and Key Rapid Regulatory Changes, McGuireWoods Legal Alert, February 4, 2021
- Author, Carbon Capture Tax Credits — IRS Issues Final Treasury Regulations, McGuireWoods Legal Alert, January 22, 2021
- Author, Continuity Safe Harbor Extended for Offshore Wind, Renewable Energy Projects on Federal Land, McGuireWoods Legal Alert, January 12, 2021
- Author, New Tax Extender Legislation Passed for Renewable Energy, Carbon Capture Projects, McGuireWoods Legal Alert, December 23, 2020
- Author, IRS Proposes Regulations for Carbon Capture Tax Credit, McGuireWoods Legal Alert, June 10, 2020
- Author, Wind PTC and Solar ITC Gain COVID-19 Construction Relief From IRS, McGuireWoods Legal Alert, May 29, 2020
- Author, "Wind PTC Extension and the Begin-Construction ‘Whipsaw’," A Word About Wind, February 27, 2020
- Author, IRS Provides Carbon Capture Tax Credit Guidance and Safe Harbor, McGuireWoods Legal Alert, February 24, 2020
- Author, Wind PTCs Get One-Year Extension, Other Tax Extenders Signed Into Law, McGuireWoods Legal Alert, December 23, 2019
- Author, Lawmakers to Vote on Tax Extenders Package, McGuireWoods Legal Alert, December 18, 2019
- Author, 2019 Tax Credit Inflation Adjustment Factor: 2.5 Cents per kWh for Wind Facilities, McGuireWoods Legal Alert, August 13, 2019
- Author, Beginning Construction Continuity Safe Harbor Extended for National Security Concerns, McGuireWoods Legal Alert, July 24, 2019
- Author, Carbon Sequestration Tax Credits – IRS Requests Comment on Section 45Q Regulations, McGuireWoods Legal Alert, May 8, 2019
- Author, New Opportunities Follow Expansion of Section 45Q Carbon Sequestration Credits, McGuireWoods Legal Alert, July 11, 2018
- Author, IRS Provides Solar ITC Guidance on the Begin-Construction Requirement, McGuireWoods Legal Alert, June 29, 2018
- Author, Budget Act Extends PTCs and ITCs for Certain “Orphaned” Technologies, McGuireWoods Legal Alert, February 12, 2018
- Author, 2017 Tax Act’s Impact on Real Estate Companies and Their Owners, McGuireWoods Legal Alert, December 29, 2017
- Author, Tax Reform Law’s Impact on Businesses and Their Owners, McGuireWoods Legal Alert, December 26, 2017
- Author, Tax Reform Bill’s Impact on Renewable Energy Projects, McGuireWoods Legal Alert, December 22, 2017
- Author, President Signs Extender Package for PTC and ITC – Renewable Energy Tax Credits, McGuireWoods Legal Alert, December 28, 2015
- Co-author, "Creative Financing Structures Test the Market," National Law Journal, April 20, 2015
- Author, IRS Extends Safe Harbor for Completion of PTC-Qualifying Facilities to Jan. 1, 2017, McGuireWoods Legal Alert, March 12, 2015
- Author, Tax Incentive Extensions Bill Clears Senate, Awaits President’s Signature, McGuireWoods Legal Alert, December 19, 2014
- Author, Avoiding Liability when Acting on a Governing Board, Northwest Public Power Association Bulletin, May 2012