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Eric Pogue is a partner in Willkie’s New York office, and serves as the Firm’s Global Chair of Power & Renewable Energy. 

With experience in the energy sector dating back to the 1990s, Eric is widely recognized as a top practitioner for 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, tax equity, debt finance, restructuring, DOE loan guarantees and export-credit agency finance. Eric has led numerous complex and high-dollar value project finance transactions for clients across the renewable energy and power landscape, including projects involving solar, on- and off-shore wind, carbon capture, nuclear, hydro, biomass, gas, coal, transmission facilities, water utilities and data centers.

Eric has received numerous accolades for his work, including being named to The American Lawyer’s list of Northeast Trailblazers in 2022 and his Band 1 rankings in Chambers USA (Projects: Renewables & Alternative Energy – Nationwide) and Chambers Global (Projects: Renewables & Alternative Energy). Chambers USA noted Eric “expertly represents renewables sector clients on the development, financing, acquisition and sale of single projects or portfolios" and cited praise for Eric as "an expert at translating complex matters into direct commercial outcomes."

Prior to entering private practice, Eric was a project manager at the U.S. Nuclear Regulatory Commission.
 

Experience

  • Named to The American Lawyer’s 2022 List of Northeast Trailblazers
  • Recognized by Chambers Global for Projects: Renewables & Alternative Energy , U.S. 2016 , and 2020 - 2023
  • 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
     

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.

 

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


District of Columbia Maryland New York

Court Admissions


New York Supreme Court, Appellate Division