Eric Pogue is a partner in Willkie’s Dallas and New York offices and serves as the Firm’s Global Chair of Power & Renewable Energy. Eric helps lead the firm’s data center initiative and is also an active participant in the firm’s hybrid capital practice.
With experience in the energy sector dating back to the 1990s, Eric is widely recognized as a top practitioner for power and renewable energy transactions, focusing on both U.S. and international matters. Eric represents clients in the development, financing and acquisition of various asset types through M&A and joint venture transactions, hybrid capital (including tax equity and preferred equity transactions), debt finance, restructuring, DOE loan guarantees and export-credit agency finance. Eric has led transactions for clients across the energy and infrastructure landscape, including projects involving data centers, solar, on- and off-shore wind, energy storage projects (molecules and electrons), gas-fired and coal-fired generation, nuclear, hydro, biomass, transmission facilities and water utilities.
Eric regularly leads, high-profile, complex transactions involving significant capital and top tier market participants including hyperscalers, large commercial banks and private equity funds and global energy companies. A number of Eric’s transactions in recent years have received deal-of-the-year honors, including from Project Finance International, IJGlobal, Energy Risk Awards and Proximo.
Eric has received numerous accolades for his work, including Band 1 rankings in Chambers USA (2025) and Chambers Global (2026) for Projects: Renewables & Alternative Energy; rankings in Chambers USA (2025) and Chambers Global (2026) for Projects: Power & Renewables: Transactional; being named to Law360’s Energy Editorial Board and recognition in The American Lawyer’s inaugural list of Northeast Trailblazers.
Chambers USA notes that “Eric Pogue expertly represents renewables sector clients on the development, financing, acquisition and sale of single projects or portfolios," and a client noted Eric as "the sharpest commercial attorney I've ever worked with. He's very skilled from a legal perspective but also really understands business requirements.”
Prior to entering private practice, Eric was a project manager at the U.S. Nuclear Regulatory Commission.
Experience
- Named to the Law360 Energy Editorial Advisory Board (2026)
- Named to The American Lawyer’s 2022 List of Northeast Trailblazers
- Recognized by Chambers Global for Projects: Renewables & Alternative Energy – USA, Band 1 (2026)
- Recognized by Chambers Global for Projects: Power & Renewables: Transactional – USA, Band 2 (2026)
- Recognized by Chambers USA for Projects: Renewables & Alternative Energy, Band 1 (2025)
- Recognized by Chambers USA for Projects: Power & Renewables: Transactional - USA - Nationwide, Band 2 (2025)
- Listed as “Market Leader”, IFLR1000 Project Development, Project Finance, 2025
- Named “Rising Star”, IFLR1000 Energy: United States, 2015, 2018–2020
- 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
- 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)
M&A and Hybrid Capital (JV) Solutions
- Representation of parties investing in and buying and selling, assets and portfolios, including monetization transactions involving hybrid capital structures. Notable transactions include:
- An investor with respect to a series of power for data center transactions involving behind the meter generation and storage assets and related structuring and financing (including tax equity) – which raised over $3B of capital.
- A hyperscaler with respect to a series of alternative energy investments including (i) an advanced-market-commitment transaction structured to deploy over $1B of capital into carbon capture projects and (ii) a series of investments into new nuclear energy projects (associated with power for data center needs).
- Duke Energy in (i) the sale of a minority interest in a multi-billion-dollar portfolio of operating wind, solar and battery projects using a hybrid capital structure; and (ii) the sale of 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 energy sponsor in its acquisition of battery storage business with an equity value in excess of $1 billion.
- 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 and refinancing 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.
- An investor acquiring an interest in a portfolio of 22 operating wind projects across the U.S., including related joint venture, re-financing and tax equity structuring matters.
- Ember Infrastructure Partners in connection with joint venture arrangements and a related acquisition (and refinancing – including tax equity) of a portfolio of operating biomass projects.
- A nonregulated utility with respect to a series of on-site generation and utility service businesses including related project contract and financing matters.
- A private equity investor in the sell-down of its entire solar portfolio in a series of third-party transactions.
Project Finance and Other Finance Transactions
- Representation of project developers, lenders, strategic and tax equity investors with respect to the development and financing of power projects. These transactions utilize a variety of structures, including partnership flip (tax equity), preferred equity monetizations, sale-leasebacks, development and construction debt and back-leverage financings. Transactions include portfolio and single asset financings of solar (utility scale, community, C&I and resi); on- and off-shore wind; energy storage (including electrons, molecules and thermal); gas-fired generation; coal and biomass.
- Representation of a number clients (including a nonregulated utility and IPP) with respect to equipment procurement programs and financing facilities.
- 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.
- Representation of investors with respect to carbon capture transactions – including 45Q tax equity matters.
- Representation of a private equity client with respect to acquisition financing and related matters for a portfolio of water utility assets.
- Representation of an nonregulated utility client, in its acquisition of an interest in several coal-fired projects, as well as with respect to structuring, financing and operational matters related to the projects being converted into a biomass-fired facilities.
*Eric advised on some of these matters prior to joining Willkie.
Credentials
Education
Georgetown University Law Center, J.D. (cum laude), 2005 Washington University in St. Louis, M.A., 1999 George Washington University, B.S. (magna cum laude), 1997
Bar Admissions
Court Admissions
New York Supreme Court, Appellate Division