Eric is a trusted advisor to his clients, offering “incredibly in-depth knowledge about market standards and evolving transaction structures.”
Chambers Global

Overview

Eric Pogue is a partner in Mayer Brown's New York office and a member of the Banking & Finance practice. Eric's practice focuses on renewable energy transactions. With over two decades of experience in the energy sector, Eric has represented clients in the development, financing and acquisition of a variety of asset types (including nuclear, coal, gas, solar, wind, hydro, biomass, transmission facilities, water utilities and data centers), utilizing a variety of transaction structures, including energy M&A, debt finance, tax equity, DOE loan guarantees and export-credit agency finance.

Prior to joining the firm, Eric represented clients on transactional energy matters while at a leading international law firm. In addition, prior to entering private practice, Eric was a project manager at the US Nuclear Regulatory Commission. Eric was the contributing editor of the Getting the Deal Through, global renewable energy guide for 2017 through 2019.

Experience

Represented parties acquiring and divesting various energy assets on both a single project and portfolio basis, including:

  • Represent Duke Energy in the sale of a minority interest in a multi-billion dollar portfolio of operating wind, solar and battery projects;
  • Represent an investor with respect to its acquisition of an interest in a portfolio of 25 operating wind projects across the U.S., including related partnership and financing matters;
  • Represent a utility acquiring, and simultaneously tax equity financing, a portfolio of distributed generation fuel cell projects;
  • Represent a Spanish investor acquiring a portfolio of 19 operating, U.S. solar projects; and
  • Represent a private equity investor with respect to the sell-down off its entire solar portfolio in a series of third-party transactions.

Represented 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:

  • California Flats 1 and 2; Camp Solar; Cuyama Solar; Cleanlight Solar; Central Rosamond; Galloway Solar; Hickory Solar; Lapetus Solar; Muscle Shoals; Palmer Solar; Pamplin Solar; Prospero Solar; Rives Roads; Shoreham Solar Commons; Simon Solar Farm; and Switch Solar 1 and 2.

Represented sponsors, lenders and investors with respect to the development and financing (including tax equity) of windpower projects on both a single project and portfolio basis. Transactions include:

  • Centennial I and II; Fluvanna; Frontier Wind II; Javelina; Gearbox Portfolio; Grant County Wind; Great Western; Lindahl; Limon 3; Magic Valley; Mammoth Plains; Maryneal Wind; Mesteno; Red River Portfolio; Stephens Ranch I and II; Sunflower and Thunder Ranch.

Represented 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:

  • Duke (REC Solar), Eastlight Renewables, ENGIE (Socore) Longroad, and NRG Renewables.

Represented tax equity investors with respect to a number of residential solar portfolio transactions, including portfolios across the U.S., developed by:

  • Exelon (including Constellation); Standard Solar, SunEdison, SunPower, Tesla (including SolarCity) and Vivint

Represented clients on a variety of other commercial transactions, including

  • Represented a private equity client with respect to acquisition financing and related matters for a portfolio of water utility assets.
  • Represented 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.
  • Represent a private equity firm in the purchase and subsequent resale of two hydropower projects, including related FERC approvals.
  • Represent a 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.
  • Represent 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.

Education

George Washington University, BS, magna cum laude

Georgetown University Law Center, JD, cum laude

Washington University in St. Louis, Masters

Admissions

  • District of Columbia
  • Maryland
  • Recognized by Chambers USA for Projects: Renewables & Alternative Energy, 2014–2015, 2018–2020
  • Recognized by Chambers USA for Projects: Power & Renewables: Transactional - USA - Nationwide, 2020
  • Recognized as a Leader in Projects: Renewables & Alternative Energy, U.S., Chambers Global, 2016 & 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 “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.