Overview

Darin Lowder is a partner and business lawyer with Foley & Lardner LLP. He is a member of the firm’s Finance Practice. Although Darin’s practice extends to all aspects of business law, he currently focuses his practice on energy, project finance, project development, and related tax and public financing. Darin is also a member of the Energy Industry Team.

Darin has experience with numerous project technologies including commercial, utility-scale, and residential-scale solar photovoltaic systems; onshore and offshore wind development; biomass and biofuel projects; and other energy and alternative energy technologies.

Representative Experience*

  • Represented lead lender in two community solar portfolio financings totaling over 20 MW
  • Represented project developer in first tax equity financing of community solar portfolio in the U.S., totaling over 15 MW of solar PV projects
  • Assisted publicly traded independent power producer in adding back-leverage debt to some of the largest operating solar assets in the U.S.
  • Represented a publicly traded energy project developer in connection with the debt financing of a 20 MW utility-scale solar power project
  • Represented a publicly traded energy project developer in the non-recourse bank financing of a 70 MW solar PV generation project
  • Represented a solar project developer in interaction with a local utility for a 75 MW solar power project
  • Represented a Fortune 500 solar developer in financing a 27 MW solar power project
  • Assisted Salt Lake County in developing a first-of-its-kind public-private partnership financing structure to develop the largest solar generation project in the State of Utah
  • Represented a regional bank in takeout financing for the 137 MW Alta Wind X project, a $300 million project
  • Represented the City of Philadelphia in developing and financing a 5 MW combined heat & power biogas facility
  • Provided technical tax and financing assistance under the U.S. Department of Energy’s technical assistance program for energy efficiency and conservation block grant recipients
  • Advised a bridge lender to a 5 MW agricultural biogas project in Pennsylvania regarding 1603 Grant eligibility issues
  • Represented western public housing authority in the negotiation and development of a 2.5 MW rooftop solar project incorporating private use Qualified Energy Conservation Bonds
  • Advised a public housing authority in allocation of energy-efficient commercial property deduction for energy efficiency improvements
  • Represented a takeout lender in the expansion of an existing simple-cycle facility

* Certain representations undertaken prior to joining Foley & Lardner LLP

Education

Darin received his law degree from George Mason University School of Law (J.D., 2006). He also received his master’s degree from Stanford University (M.A.,1994) and his bachelor’s degree from Brigham Young University (B.A., 1993).

Recognition

Darin was recognized by The District of Columbia Court of Appeals and Superior Court of the District of Columbia to the Capital Pro Bono Honor Roll 2012-2014.

Admissions

Darin is admitted to practice in Virginia as well as Washington, D.C.

Selected Publications and Presentations

  • Moderator, “North Carolina Implementation of HB589,” Southeast Renewable Energy Summit (November 7, 2018)
  • Moderator, “Virginia Renewables Update,” Southeast Renewable Energy Summit (November 7, 2018)
  • Moderator, “Structuring Virtual Power Purchase Agreements: Limiting Transaction Risks, Regulatory Considerations,” Strafford webinar (September 6, 2018)
  • Moderator, “Coalition for Community Solar Access” (July 18, 2018)
  • Speaker, “Renewable Energy Projects: Negotiating Power Purchase Agreements” (February 8, 2018)
  • Speaker, "Renewable Energy Project Financing: Legal Strategies for Structuring the Deal," Strafford webinar (May 30, 2017)
  • Moderator, "Project Development Update," Novogradac & Company LLP, 2017 Financing Renewable Energy Tax Credits (May 2017)
  • Chairman track one, "Solar Market Outlook and Business Development Landscape," Solar Power Finance & Investment Summit (March 2017)
  • Faculty member, "Renewable Energy Projects: Negotiating Power Purchase Agreements Structuring Terms To Meet State and Federal Renewable Power Standards," Strafford webinar (February 2017)
  • Moderator, "Financing Community Solar Projects," Infocast Community Solar (October 2016)
  • Moderator, "The Post YieldCo Transaction Landscape," Novogradac & Company LLP, Tax Credit Industry Events (April 2016)
  • Panelist, "Structuring Hybrid Deal Financings to Attract Institutional and Long-Term Investors," Infocast Energy Project Finance Tutorial, (December 9, 2015)
  • Moderator, "Community Solar – A New Market Segment," Infocast Distributed Solar Summit 2015, (November 16-18, 2015)
  • Moderator, "State Microgrid Investments and Initiatives," Infocast Commercial & Government Microgrids Summit (October 2015)
  • Moderator, "Federal and State Regulations in Support of Microgrid Adoption," Infocast Commercial & Government Microgrids Summit, (October 2015)
  • Speaker, "Developing and Financing Microgrids," Association of Energy Services Professionals (AESP) Online Conference (October 2015)
  • Chairman, “Solar Executive Briefing: Solar Regulatory and Solar Markets Outlook,” Solar Power Finance and Investment Summit (March 2015)
  • Author, "Solar Checklist – Is It the Right Time To Go Solar?" BOMA Magazine (March/April 2014)

Capabilities