Doug is a co-leader of the firm’s ongoing infrastructure and public-private partnership initiative and formerly served on the firm’s opinion committee and as an initial head of each of the firm’s biomass and renewable energy teams. Developers, sponsors, buyers, sellers, issuers, borrowers, lenders, debt and equity investors and other commercial participants turn to Doug as they seek to structure and finance projects in the renewable energy, resource recovery, energy efficiency, economic development, transportation and social infrastructure sectors throughout the United States.
Throughout the course of his career, Doug has worked with his clients to execute their energy and environmental sustainability goals, often partnering together on innovative project financings including those that take advantage of government incentives. He has completed financings using production and investment tax credits, state and federal new-markets and historic rehabilitation tax credits, other federal and state incentives, including federal qualified opportunity zone benefits, rural business and jobs credits, personal and real property abatements and payment and fee-in-lieu of tax structures, as well as carbon offsets, renewable energy credits and environmental attributes, along with negotiating and documenting much of the above.
Doug also frequently works on unrated, nonrecourse project financings involving complex structures, such as public-private and tax-equity partnerships, and as part of these financings creates special purpose governmental, corporate and non-profit entities, acquires and disposes of assets, entities and businesses to complete the transactions, monetizes incentives, grants, tax and environmental benefits and attributes, secures the property rights, drafts special legislation and resolves legal disputes. As a result, he regularly teams with his partners in tax, environmental, real estate, regulatory and litigation as well as 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.
Renewable Energy Projects
- Represented sponsors, borrowers, investors, contractors and feedstock providers in the negotiation and drafting of joint venture agreements, public-private partnership arrangements, energy efficiency agreements, energy service performance contracts, power purchase agreements, gas transportation, marketing and fuel dispensing arrangements, site leases, hauling and transfer agreements, gas sale and purchase agreements and animal waste supply agreements for solar, wind, geothermal, landfill gas and poultry, swine and dairy gas projects, facilities and operations.
- Served as bond, special tax, underwriter’s, developer’s, purchaser’s and investor’s counsel on tax-exempt and taxable municipal and commercial transactions, including non-recourse and limited recourse project finance transactions, involving the generation of electricity, direct use transportation fuel, industrial fuel and pipeline injection, sourced from landfill gas, waste water gas, food waste, source separated waste, animal waste, recycled products and other feedstocks, including in California, Texas, Michigan, Kentucky, Missouri, Virginia, Maryland, North Carolina, South Carolina, Georgia, Mississippi and Florida.
- 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.
- 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.
- Represented leverage lenders, lenders, governmental sponsors, borrowers, QALICBs and other participants on federal new markets tax credit transactions in Virginia, Tennessee, Florida, Maryland, New Jersey, Kentucky, Georgia and Texas and state new markets transactions, where applicable. These transactions have supported charitable, community, medical, manufacturing, retail, commercial, and charter school and secondary education facilities for governmental, non-profit and corporate entities as real estate, construction and working capital operating financings, using “portions of business” approaches, as needed, and many of these transactions have been combined with other sources of capital, including federally tax-exempt debt plus state and federal historic and energy tax credits, where such existing incentives or capital arrangements have been recapitalized or restructured to accommodate the introduction of new capital.
- Represented various borrowers, sponsors, aviation companies, infrastructure funds and investors on the construction and long term financing of roads, tollroads, airport facilities, various utilities and social infrastructure, including arenas.
- Represented the sponsor in forming a qualified opportunity zone fund to support a medical office building in South Carolina.
- Represented developers and borrowers in local and state tax incentive and economic development matters in Mississippi, Alabama, Missouri, Georgia, New York and South Carolina.
- Represented various concerns on local, state and federal legislative activities to support various financing activities.
- 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 issuers and borrowers on bond validation proceedings and in taxable state and local tax incentive and economic development transactions.
- University of RichmondJD1998
- Washington and Lee UniversityBA1993
Board Member, Virginia Clean Energy Advisory Board, 2022-2025
Vice Chairman, Finance and Development Advisory Board, The Coalition for Renewable Natural Gas (RNG Coalition)
Board Member, Council of Development Finance Agencies, 2012-2020
Member, Editorial Advisory Board, Project Finance, Law360, 2018
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
- Speaker, "Understanding RNG Transactions: Updated NAESB RNG Addendum", RNG Works, September 21, 2022
- Speaker, "Environmental Attributes in NAESB", RNG Summit, May 18, 2022
- Panelist, Energy Private Equity and Independent Sponsors Virtual Roundtable, October 6, 2021
- Presenter, "RNG Projects – Key Contractual Considerations", RNG Works, September 29, 2021
- Speaker, "Environmental Attributes in NAESB", RNG Summit, Fort Worth, TX, May 18, 2022
- Speaker, Carbon Capture and Storage Tax Credits, May 5, 2021
- Speaker, "Project Finance 101 – Soup to Nuts", RNG Coalition, February 10, 2021
- Speaker, Renewable Natural Gas Project Development Webinar, February 2, 2021
- Speaker, Negotiating Incentives: How to Avoid a Bad Deal, Complimentary Webinar, December 8, 2020
- Speaker, "Alternative Financings: New Markets Tax Credits and Opportunity Zones", Government of the District of Columbia, Office of the Attorney General, November 13, 2019
- Speaker, Optimizing Opportunity Zone Investments, Complimentary Webinar, October 30, 2019
- Speaker, "Taking Advantage of Opportunity Zones to Defer Recognition of Gains", New Developments in Wealth Planning, Richmond, VA, October 24, 2019
- Speaker, "Taking Advantage of Opportunity Zones to Defer Recognition of Gains", 14th Annual Fiduciary Advisory Services Seminar, Wednesday, October 2, 2019
- Coordinator, Building for the Future, Washington, DC, March 15, 2018
- Coordinator, Building for the Future, Chicago, October 2017
- Panelist, "Common Financing Challenges and Ownership Arrangements, A Legal Perspective", ASTSWMO- U.S. Environmental Protection Agency, REPOWER Workshop, March 2017
- Speaker, 2017 Infrastructure Outlook, 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, "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, "Municipal Renewable Energy Generation: Financing Challenges and Solutions", The Bond Buyer’s Symposium on Public Financing of Renewable Sustainable Energy, 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", Examining Potential Project Scenarios – Addressing Critical Questions, 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, "Procedures & Deadlines Under Virginia's Executive Order 94", Using Your Locality’s Recovery Zone Bond Allocations, 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, "Financing Alternatives", Public Private Partnerships Seminar, February 2008
- Speaker, "Comprehensive Agreement from the Developer's Prospective", 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
- West Virginia
Selected for inclusion in The Best Lawyers in America, Banking and Finance Law, Project Finance Law, 2020-2024; Energy Law, 2021-2024; Public Finance Law, 2024; Woodward/White, Inc.
Named “Lawyer of the Year,” Richmond, Energy Law, Best Lawyers, 2023
- Author, Biden Administration Debuts American Jobs Plan, Made in America Tax Plan, McGuireWoods Legal Alert, March 31, 2021
- Author, Federal Reserve Announces Expansion of Eligible Issuers for MLF Program, McGuireWoods Legal Alert, June 16, 2020
- Author, Federal Reserve Board Expands the Scope and Duration of the Municipal Liquidity Facility, McGuireWoods Legal Alert, April 29, 2020
- Author, Treasury Approves New Municipal Liquidity Facility to Aid States, Counties and Cities, McGuireWoods Legal Alert, April 10, 2020
- Author, Opportunity Zone Fundraising and Public Comment Update for 2019, McGuireWoods Legal Alert, June 27, 2019
- Author, Treasury Releases Second Round of Proposed Regulations to Encourage Investment in Opportunity Zones, McGuireWoods Legal Alert, April 29, 2019
- Co-author, "Public-Private Partnerships Key In Opportunity Zones", Law360, January 10, 2019
- Author, Opportunity Zone Proposed Regulations Move Investors and Funds Forward, McGuireWoods Legal Alert, November 16, 2018
- Author, IRS and Treasury Issue Opportunity Zone Proposed Regulations and Guidance, McGuireWoods Legal Alert, October 19, 2018
- 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, 2018
- Author, Trump Orders Streamlined Permitting for Infrastructure Projects, McGuireWoods Legal Alert, August 17, 2017
- Author, President Signs Extender Package for PTC and ITC – Renewable Energy Tax Credits, McGuireWoods Legal Alert, December 28, 2015
- Co-author, "The Changing Landscape of Landfill Gas-to-Energy (LFGTE) Projects", Forrester Daily News, August 28, 2015
- Author, EPA Strikes Middle Ground in Setting Renewable Fuel Obligations, McGuireWoods Legal Alert, June 2, 2015
- Author, Law Amends Property Assessed Clean Energy (PACE) Programs in Virginia, McGuireWoods Legal Alert, March 27, 2015
- Author, IRS Extends Safe Harbor for Completion of PTC-Qualifying Facilities to Jan. 1, 2017, McGuireWoods Legal Alert, March 12, 2015
- Co-author, "The Utility of the Future at Work: Biomethane as New Sources of Energy & Income", NACWA The Water Voice, March 11, 2015
- Author, IRS to Allocate Nearly $1.4 Billion in New CREBs Volume Cap, McGuireWoods Legal Alert, February 6, 2015
- Author, Congress Extends QZABs, New Markets Tax Credits; Continuing Effect of Sequestration, McGuireWoods Legal Alert, December 22, 2014
- Author, Tax Incentive Extensions Bill Clears Senate, Awaits President’s Signature, McGuireWoods Legal Alert, December 19, 2014
- Author, U.S. Rural Infrastructure Opportunity Fund Created, McGuireWoods Legal Alert, July 24, 2014
- Author, EPA’s Revised Renewable Fuels Standard Creates New Markets for Old “Waste”, McGuireWoods Legal Alert, July 7, 2014
- Author, Eligibility Under DOE’s Draft Renewable Energy and Energy Efficiency Projects Solicitation, McGuireWoods Legal Alert, June 2, 2014
- Contributor, Clean Energy for Resilient Communities: Expanding Solar Generation in Baltimore’s Low-Income Neighborhoods, February 2014
- Author, IRS Releases Guidance on Refunding Recovery Zone Facility Bonds, McGuireWoods Legal Alert, January 15, 2014
- Author, EPA Proposes Remarkable Amendments to Renewable Fuels Standard (RFS2) Program Regulations, McGuireWoods Legal Alert, May 23, 2013
- Author, QECBs – IRS Clarifies Eligibility Criteria for Energy Reduction in Publicly-Owned Buildings and Green Community Programs, McGuireWoods Legal Alert, July 24, 2012
- Author, Department of Treasury Announces New Markets Tax Credit Allocation Winners, McGuireWoods Legal Alert, February 24, 2012
- Author, Exempt Facility Bonds – Solid Waste Disposal Facilities: New Treasury Regulations, McGuireWoods Legal Alert, February 14, 2012
- Author, Municipal Bonds after Recovery Act Expiration, McGuireWoods Legal Alert, February 10, 2011
- Author, Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 Becomes Law, McGuireWoods Legal Alert, December 20, 2010
- Author, IRS Adds Round of Applications for Allocations of New CREBs to Cooperatives, McGuireWoods Legal Alert, September 20, 2010
- Author, SEC Requires “Municipal Advisors” to Register by October 1, 2010, McGuireWoods Legal Alert, September 20, 2010
- Author, $30 million Available from DOE for Small Business Clean Energy Technology Commercialization, McGuireWoods Legal Alert, July 15, 2010
- Author, Extension of Stimulus Act Bond Provisions in Doubt as Bill Founders in Senate, McGuireWoods Legal Alert, July 13, 2010
- Author, 1603 Grant Program: Treasury Department Releases New Guidance Concerning the Beginning of Construction Requirement, McGuireWoods Legal Alert, July 2, 2010
- Author, IRS Announces New Rules Relating to Certain Qualified Tax Credit Bonds and Build America Bonds, McGuireWoods Legal Alert, May 20, 2010
- Author, IRS Announces Rules for Separating Tax Credits and Qualified Tax Credit Bonds, McGuireWoods Legal Alert, April 12, 2010
- Author, Jobs Bill Affecting Certain Qualified Tax Credit Bonds Passes Senate – President Expected to Sign, McGuireWoods Legal Alert, March 17, 2010
- Author, Revised House Jobs Bill Affects Certain Qualified Tax Credit Bonds, McGuireWoods Legal Alert, March 5, 2010
- Author, Senate Jobs Bill Affects Certain Qualified Tax Credit Bonds, McGuireWoods Legal Alert, February 24, 2010
- Author, Recently Introduced Bills Affect Public Schools and Energy Tax Credit Bonds, McGuireWoods Legal Alert, December 15, 2009
- Author, Public School Financing News – Proposed House Bill Allows School Districts to Carry Forward Unused Qualified School Construction Bond Allocations, McGuireWoods Legal Alert, December 4, 2009
- Author, Treasury Awards Allocation for New Clean Renewable Energy Bonds, McGuireWoods Legal Alert, November 2, 2009