Douglas E. Lamb

Partner

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Practices
Industries
Education
  • University of Richmond, JD, 1998
  • Washington and Lee University, BA, 1993
Admissions
  • West Virginia
  • Virginia
Affiliations

Member, Editorial Advisory Board, Project Finance, Law360, 2018 - present

Board Member, Council of Development Finance Agencies

Member, Virginia State Bar

Member, Virginia Bar Association

Member, West Virginia State Bar

Member, National Association of Bond Lawyers

Member, Local Government Attorneys of Virginia

Doug is one of the leaders of the firm’s on-going infrastructure and public-private partnership initiative. He regularly represents borrowers, developers, underwriters and lenders in a range of tax-advantaged structures using tax-exempt bonds and leases, state and federal tax credits and commercial debt. He has handled transactional matters in more than 45 states.

He has extensive experience handling financing for economic development, solid waste, renewable energy (including solar, wind, hydro, biomass and biogas), resource recovery, energy efficiency, transportation and social infrastructure projects. As part of this experience, he has completed financings using production and investment tax credits, new-markets tax credits, historic rehabilitation and other federal and state incentives.

Many of these representations have involved unrated, nonrecourse project financings that require equity capital investment, creating public-private partnerships as well as special purpose governmental, corporate and non-profit entities, drafting special legislation to support the projects and the financings, acquiring assets and other entities and businesses to complete the transactions and contesting bid protests and other legal challenges. As such, they also require negotiation of the agreements to secure the land, revenue, financing and capital for these projects, the monetization of the environmental attributes and other incentives and resolution and settlement of legal disputes.

He represents and negotiates with all types of transaction participants, e.g., local, state and federal governmental issuers and sponsors, banks and financial institutions, lenders and lessors, equity investors, credit enhancers, rating agencies, nonprofit and for profit borrowers, lessees and guarantors, contractors, accountants, and technical and feasibility consultants. As a result, he regularly teams with his partners in tax, energy, real estate, corporate and litigation and his colleagues in McGuireWoods Consulting to bring a true team approach on behalf of clients to solve their needs and accomplish their goals.

From 1993 to 2001, Doug served his country in the Virginia Army National Guard, reaching the highest rank of Captain.

In the News

Douglas E Lamb
vCard
T: +1 804 775 1107F: +1 804 698 2272Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

Served as bond, underwriter’s and developer’s counsel on tax-exempt and taxable municipal and commercial transactions involving biomethane for electricity, transportation fuel and pipeline injection, including landfill gas, waste water gas, food waste, source separated waste and animal waste.

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.

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 various state and local issuers, aviation companies and underwriters on the construction and long term financing of roads, tollroads, airport facilities, various utilities and other social infrastructure, including arenas.

Represented leverage lenders, lenders, governmental sponsors, borrowers, QALICBs and other participants on federal new markets tax credit transactions in Virginia, Tennessee, Florida, Maryland, Kentucky, Georgia and Texas and state new markets transactions, where applicable. These transactions have supported charitable, community, medical, manufacturing, retail, commercial and secondary education facilities for governmental, non-profit and corporate entities as real estate, construction and operating financings, using “portions of business” approaches, as needed.

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.

Represented issuers and borrowers on bond validation proceedings and in taxable state and local tax incentive and economic development transactions.

Represented parties on numerous state and federal regulatory efforts, including IRS bond audits and SEC compliance matters.

Represented various concerns on local, state and federal legislative activities to support various financing activities.

Co-author, "Tax Act May Spur More Investment in RNG, Biogas Projects," Biomass Magazine, March 7, 2018
Co-author, "Public Utilities - Renewable Energy," Handbook of Virginia Local Government Law, Fourteenth Edition, 2018
Co-author, "The Changing Landscape of Landfill Gas-to-Energy (LFGTE) Projects," Forrester Daily News, August 28, 2015
Co-author, "The Utility of the Future at Work: Biomethane as New Sources of Energy & Income," NACWA The Water Voice, March 11, 2015
Contributor, Clean Energy for Resilient Communities: Expanding Solar Generation in Baltimore's Low-Income Neighborhoods, Report Prepared for The Abell Foundation by Clean Energy Group, February 2014
Panelist, "Common Financing Challenges and Ownership Arrangements, A Legal Perspective," ASTSWMO- U.S. Environmental Protection Agency, REPOWER Workshop, March 2017
Coordinator, Moderator and Panelist, 2017 Infrastructure Outlook; Trump, Tax Reform and Beyond, Webinar, March 2017
Panelist, "Attracting Capital Investments," PACENation Summit 2017, February 2017
Panelist, "Assessing Your Options: RNG Project Viability & Financing," RNG 2016: Fuel, Heat, Power & Policy Conference, The Coalition for Renewable Natural Gas, December 2016
Panelist, "PACE: A New Tool For Fully Financing Energy Improvements in Multifamily Housing," Virginia Housing Alliance, September 2016
Panelist, "PACE 101," PACENation Summit 2016, March 2016
Moderator, "Project Debt, Equity & Funding Opportunities: Feedstock, Technology, End-use," RNG 2015: Fuel, Heat, Power & Policy Conference, The Coalition for Renewable Natural Gas, December 2015
Speaker, "Obtaining Investment for the Development, Expansion or Conversion of LFGTE to Pipeline Injection, Direct Use and CNG," LMOP National Landfill Gas Energy Workshop, March 2015
Panelist, "Energy Efficiency (EE) & Renewable Energy (RE) Financing Best Practices," 2013 National Development Finance Summit, August 2013
Speaker, "Off the Grid: Alternative Energy Financing Structures," Association for Governmental Leasing & Finance 32nd Annual Fall Conference, November 2012
Speaker, "New Markets Tax Credits: Maximizing Capital Investment," Goodwill Industries International, Summer Learning Event, August 2012
Speaker, "Bond Financing Mechanisms for Public and Private Energy Projects," Intro Energy Finance Course, CDFA National Development Finance Summit, August 2012
Speaker, "Financial Engineering's the Key: How a Long-Term Energy Sale Agreement and Bond Offering Transformed the McCommas Bluff LFG Project – The Legal Perspective," 15th Annual Landfill Methane Outreach Program Conference and Project Expo, McGuireWoods Sponsored Dinner, January 2012
Speaker, "Understanding Energy Development – Market Perspective," Council for Development Finance Agencies, July 2011
Speaker, "Municipal Renewable Energy Generation: Financing Challenges and Solutions," The Bond Buyer’s Symposium on Public Financing of Renewable Sustainable Energy, May 2011
Speaker, "Best Practices: Energy Finance in Action – Municipal Energy Efficiency & Renewable Energy – Financing Considerations and Structures," Council for Development Finance Agencies Annual Summit, May 2011
Speaker, "Examining Potential Project Scenarios - Addressing Critical Questions: What is a Qualified Conservation Purpose and Bond Financing Mechanisms for Public and Private Energy Projects," Realities of Renewable Energy Finance, CDFA –BNY Mellon Development Finance Webcast Series, September 2010
Speaker, "Bringing a Sustainable Credit to Market," The Bond Buyer's Financing Sustainable Energy and Efficiency Conference, May 20, 2010
Speaker, "Clean Renewable Energy Bonds and Qualified Energy Conservation Bonds: Opportunities and Challenges," Clean Energy States Alliance, Webinar, March 26, 2010
Speaker, "Municipal Tax-Credit Bonds – The Evolution of a New Security," Advanced Seminar on Tax-Backed Bonds and Federal Intervention, February 12, 2010
Speaker, "Tax Credit Bonds," National Association of Bond Lawyers, Bond Attorneys Workshop, October 2009
Speaker, "Making a Market for Tax Credit Bonds, Municipal Finance in the Stimulus ERA," The Bond Buyer, September 30, 2009
Speaker, "Renewable Energy Bond Financing after the 2009 Stimulus Act: Targeting CREBs, New CREBs and QECBs," Council for Development Finance Agencies, Development Bond Finance Course, September 2009
Speaker, "The Stimulus Act of 2009: Structures, Strategies and Opportunities," Virginia Local Government Finance Officers Association, Spring Conference, June 2009
Speaker, "Renewable Energy Bond Financing after the 2009 Stimulus Act: Structures, Strategies and Opportunities," Council for Development Finance Agencies Annual Summit, May 2009
Speaker, "Economic Stabilization Act - Energy Tax Credit Bond Provisions," 12th Annual Landfill Methane Outreach Program Conference and Project Expo, January 2009
Speaker, "General Rules for Governmental and Private Activity Bonds," Council for Development Finance Agencies, The Industry Primer: Development Bond Finance Course, September 2008
Speaker, "Clean Renewable Energy Bonds," Council for Development Finance Agencies Annual Summit, April 2008
Speaker, "Comprehensive Agreement from the Developer's Prospective," Public Private Partnerships Seminar, February 2008
Speaker, "Financing Alternatives," Public Private Partnerships Seminar, February 2008
Speaker, "Clean Renewable Energy Bonds - The Next Steps," 11th Annual Landfill Methane Outreach Program Conference and Project Expo, January 2008
Speaker, "The Latest on Clean Renewable Energy Bonds," 10th Annual Landfill Methane Outreach Program Conference and Project Expo, January 2007