Aaron Mitchell focuses his practice on the financing, development and tax credit monetization of energy projects, encompassing both renewable and traditional sources. His work spans diverse technologies, including solar, wind, battery storage, renewable and traditional natural gas, clean hydrogen, nuclear, geothermal, and carbon capture and sequestration.
He provides guidance on federal tax incentives including investment and production tax credits under Sections 45, 45Y, 48, and 48E, advanced manufacturing production credits under Section 45X, clean fuel production credits under Section 45Z, clean hydrogen production credits under Section 45V, nuclear power production credits under Section 45U, carbon oxide sequestration credits under Section 45Q, and other tax incentives.
Aaron is an expert in the complex tax credit requirements of the Inflation Reduction Act and the One Big, Beautiful Bill Act, including the prevailing wage and apprenticeship requirements, domestic content requirements, and the Foreign Entity of Concern restrictions. He counsels on financing structures, joint ventures, and mergers, acquisitions and dispositions, with expertise in tax equity financings, tax credit transfers under Section 6418, elective payments under Section 6417, and other tax incentive monetization strategies.
Prior to focusing his practice on energy projects, Aaron gained significant experience in mergers and acquisitions, capital markets and financings in the broader energy and infrastructure space.
- Advised a private equity-backed renewable energy portfolio company in the repowering of a portfolio of wind farms totaling over 700 MW, including financing, project development and tax credit transfer agreements.
- Advised a public utility company in a build-transfer agreement for an approximately 100MW solar project.
- Advised a renewable energy developer in the financing and development of a 150MW / 300MWh battery energy storage system.
- Advised a public utility company in a build-transfer agreement for an approximately 300MW solar project.
- Advised a public utility company in a build-transfer agreement for an approximately 200MW wind project.
- Advised a renewable energy developer in the financing and development of a 250 MW / 500 MWh battery energy storage system.
- Advised a renewable energy developer in the tax equity financing and development of a 182MW solar facility.
- Advised a renewable energy developer in the sale of an 80MW wind project.
- Advised a public utility company in the sale of over $100M in tax credits, attributable to five separate renewable energy projects.
- Advised several public companies in the purchase of investment tax credits, production tax credits, and advanced manufacturing production credits, collectively totaling over $200 million.
- Advised various renewable energy project developers, public utility companies and others in project development, EPC contracts, long-term service agreements and early- and mid-stage mergers and acquisitions.
- Advised a thermal energy storage company in Section 45X tax credit qualification.
- Advised a joint venture between two global electronics manufacturers in claiming and monetizing Section 45X credits.
Select experience prior to joining McGuirewoods LLP:
- Advised sovereign wealth funds and infrastructure investors in their $3.6 billion acquisition of a chassis leasing and management company.
- Advised an infrastructure investment firm in the $3.25 billion sale of its midstream assets to a publicly traded energy company.
- Advised a private equity-backed upstream company in the $3 billion sale of its oil and gas interests to a publicly traded exploration and production company.
- Advised a publicly traded midstream company in its partnership with a clean ammonia producer to develop a blue ammonia project eligible for Section 45Q carbon sequestration credits, with a total investment over $2.5 billion.
- Advised a private equity firm in its approximately $2 billion acquisition of oil and gas interests.
- Advised affiliates of a private equity firm and a market insights company in a $1.6 billion merger with a pharmaceutical intelligence firm.
- Advised a publicly traded pipeline company in its $80 million acquisition of a 10% stake in a food waste-to-renewable natural gas company and a related $1 billion infrastructure development agreement.
- Advised a global biofuels company in a $1 billion investment in a renewable diesel joint venture with a publicly traded oil company.
- Advised an infrastructure investment firm in its $1 billion acquisition of a Texas natural gas utility.
- Advised a private equity firm and its midstream portfolio company in the $765 million sale of Permian Basin assets to a publicly traded midstream company.
- Advised a publicly traded midstream partnership in a $750 million senior notes offering.
- Advised sovereign wealth funds in a $650 million financing for a large-scale green hydrogen production and storage platform.
- Advised a midstream company in its acquisition of Permian Basin assets, including 520 MMcf/d processing capacity, over 800 miles of pipelines, and related infrastructure.
- Advised initial purchasers in a $500 million senior notes offering by a publicly traded fuel distributor.
- Advised a special committee of the board of directors of a Fortune 40 company regarding its reincorporation in Texas and ratification of a CEO compensation package.
- Advised a private equity firm in its acquisition of a waste-to-renewable natural gas company.
- Advised a SPAC in its $236 million business combination with a biopharmaceutical company focused on health span technologies.
- Advised a global conglomerate in its acquisition of 92% working interests in a South Texas unconventional gas asset.
- Advised an infrastructure investment firm in its acquisition of a 50% interest in a Canadian natural gas liquids pipeline system.
- Advised an upstream company in its $125 million acquisition of natural gas assets.
- Advised a publicly traded fuel distributor in its $110 million acquisition of 16 refined product terminals.
- Advised a fuel retailer in its agreement with an automotive manufacturer to develop a national EV fast-charging network.
Events
- Panelist, "Panel: Clean Energy in Crisis?," 15th Annual Texas A&M University School of Law Energy Law Symposium: Energy Law Currents, February 26, 2026
- Moderator, "Panel: Domestic Content Requirements and Tariffs: Dealing with Supply Chain and FEOC Uncertainties," Infocast Energy Tax Equity & Credit Markets, September 30, 2025
Insights
- Author, IRS Releases Initial FEOC Guidance, Answers Key Questions, Leaves Others Unanswered, McGuireWoods Legal Alert, March 6, 2026
- Author, Year-End Planning: Tax Credit Sales for Taxpayers With California SALT Nexus, McGuireWoods Legal Alert, November 12, 2025
- Quoted, "Renewable Power Experts Say Treasury Guide Not As Limiting As Feared," Inside EPA: Climate Extra, August 18, 2025
- Author, IRS Notice 2025-42 Leaves Beginning of Construction Guidance for Wind and Solar Mostly Unchanged, But Limits 5% Safe Harbor to Low-Output Solar Facilities, McGuireWoods Legal Alert, August 15, 2025
- Quoted, "Looming Treasury rule casts pall over future of renewables," E&E News, August 15, 2025
- Author, EO Directs Treasury to Issue Guidance on Beginning of Construction, BBB FEOC Restrictions, McGuireWoods Legal Alert, July 8, 2025
- Author, Tax Bill Enacted on July 4, 2025 Contains Scaled-back Renewable Energy Provisions, McGuireWoods Legal Alert, July 7, 2025
- Author, Senate Version of BBB Would Extend Runway for Renewable Energy Tax Credits, Preserve Transferability, McGuireWoods Legal Alert, June 18, 2025
- Author, Amended House Bill Would Eliminate ITC and PTC for New Renewable Projects, McGuireWoods Legal Alert, May 22, 2025
- Author, Tax Bill Proposes Phasedowns in ITC and PTC, Limits on Transferability, McGuireWoods Legal Alert, May 13, 2025
- Author, Trump’s First-Day Executive Orders a Mixed Bag for Energy Sectors, McGuireWoods Legal Alert, January 23, 2025
- Author, IRS Releases Proposed Regulations on Section 30C ITC for Electrical Vehicles and Alternative Fuel Refueling Property, McGuireWoods Legal Alert, September 30, 2024
- Co-author, "Highlights of the IRS’ Recently Issued Guidance on the Transferability and Direct-Pay Elections for Renewable Energy Credits," June 28, 2023
- Co-author, "IRS Guidance on Domestic Content Credit Adder Clarifies Certain Issues and Creates New Ones," May 23, 2023
- Co-author, "IRS Issues Helpful Guidance on Energy Community Credit Adder," April 24, 2023
- Co-author, "Inflation Reduction Act: Overview of Energy-Related Tax Provisions – An Energy Transition ‘Game Changer’," August 18, 2022
- Co-Contributor, § 3.02 in Robert Polevoi & William Byrnes, Federal Taxation of Oil & Gas Transactions, Matthew Bender rev. ed. 2019-2024
- Author, "Pass-Throughs and the S-Election Under the TCJA," Tax Facts on Individuals and Small Businesses, 2019
- Author, "High Speed Rail: An Opportunity for Texas Eminent Domain Reform," 5 Tex. A&M J. Prop. L. 901, 2018