Darin Lowder

Partner

lowderd@ballardspahr.com
Tel 202.661.7631
Fax 202.626.9073
Washington, DC

Darin Lowder focuses on energy, project finance, project development, and related tax and public financing tools. Mr. Lowder has worked with lenders, utilities, energy project developers, tax equity investors, private equity providers, engineering and construction firms, municipal and quasi-governmental project sponsors and developers, project site owners, and power purchasers on a variety of renewable-energy and fossil-fuel power projects. 

Mr. Lowder is experienced with project technologies including commercial, utility-scale, and residential-scale solar photovoltaic systems; onshore and offshore wind development; biomass and biofuel projects; and other energy efficiency and alternative energy technologies. He advises clients on tax and regulatory issues affecting the energy industry and emerging financing issues related to renewable energy projects, including community solar projects, and unique tax and financing structures.

Before joining Ballard Spahr, Mr. Lowder worked in the real estate, financial services, and nonprofit sectors, working for publicly owned corporations, small start-up companies, and nonprofit organizations. He served as an economist for a consulting firm, a strategic marketing director for a publicly owned home builder, a business strategist for a publicly held technology company, and an executive at a nonprofit educational organization.

Recent Representative Matters

  • Represented lead lender in two community solar portfolio financings located in Massachusetts, totaling over 20 MW. We drafted and negotiated financing documents, performed project diligence, and reviewed regulatory requirements applicable to community solar project development and implementation.

  • Represented project developer in first tax equity financing of community solar portfolio in the U.S., consisting of over 15 MW of solar PV projects located in Colorado and Massachusetts.

  • Assisted publicly traded independent power producer in adding back-leverage debt to some of the largest operating solar assets in the U.S., which had been financed under the U.S. DOE loan guarantee program.

  • Solar – Represented a publicly traded energy project developer in connection with the debt financing of a 20 MW utility-scale solar power project in the southwestern U.S., which incorporated a novel bond-financing structure, commercial debt, letters of credit, and balance sheet equity; also representing the same developer in the non-recourse bank financing of a 70 MW solar PV generation project in the Southwest, a 20 MW solar project in California, and a 5 MW solar project in the West.

  • Solar – Represents a solar project developer in interactions with a local utility for a 75MW solar power project in the Caribbean, including interaction with a Chinese investor.

  • Solar – Represents a Fortune 500 solar developer in financing a 27 MW solar power project in the western U.S. using a combination of commercial bank and bond financing.

  • Solar/P3 – Assisted Salt Lake County (Utah) in developing a first-of-its-kind public-private partnership financing structure incorporating private use Qualified Energy Conservation Bonds (QECBs), New Markets Tax Credits, section 1603 Treasury Grants, U.S. DOE grant funds, private tax investors, and state energy tax credits to develop the largest solar generation project in the State of Utah, a 1.6 MW rooftop system on the Salt Palace convention center.

  • Wind – Represented a regional bank in takeout financing for the 137 MW Alta Wind X project, a $300 million project. We advised on key financing risks and provided due diligence review of financing and project documents.

  • Biogas – Represented the City of Philadelphia in developing and financing a 5 MW combined heat & power biogas facility using wastewater stream-generated biogas. Provided tax, financing, and structuring assistance to leverage publicly procured design work with private capital in a leveraged lease financing structure.

  • U.S. Department of Energy – 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 for renewable energy and energy efficiency projects in Los Angeles, Knoxville (Tenn.), Salt Lake City, Syracuse (N.Y.), Henderson (Nev.), the State of Maryland, and Philadelphia.

  • Combined-Cycle Gas – Ballard Spahr represented a takeout lender in a 620 MW combined cycle natural gas power generation project located in Russell City, Calif.

  • Wind – Represents a commercial lender in takeout debt on a 251 MW wind power generation project in Weld County, Colo.

  • Biogas – Representing a biogas project developer in the development and financing of multiple 5 MW biogas projects, and assisting with structuring, financing, and development diligence.

  • Wind – Representing a developer and investor/sponsor for an offshore wind farm.

  • Biogas – Advised a bridge lender to a 5 MW agricultural biogas project in Pennsylvania regarding 1603 Grant eligibility issues.

  • Solar/P3 – 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 in a single aggregated financing installed on over 600 housing authority-controlled rooftops.

  • Energy Efficiency – Advised a public housing authority in allocation of energy-efficient commercial property deduction for energy efficiency improvements. 
  • Solar M&A – Assists the deregulated subsidiary of a public utility in the acquisition of utility-scale power projects of over 75 MW in the western, southwestern, and northeastern U.S.
  • Combined Cycle Natural Gas – Represented a takeout lender in the expansion of an existing simple-cycle facility consisting of four gas-fired combustion turbine generators rated at 188 MW to a 310 MW combined-cycle configuration incorporating heat recovery steam generator and condensing steam turbine generator.

Pro Bono Experience

Mr. Lowder maintains an active pro bono practice. He has represented clients in prisoner's rights litigation, innovative environmental markets, and a national museum on American religion. In 2013, he was honored by the Washington Lawyers' Committee for Civil Rights and Urban Affairs in recognition of his outstanding pro bono service contributions to the Washington, D.C., community.



Recognition & Accomplishments

The District of Columbia Court of Appeals and Superior Court of the District of Columbia named Mr. Lowder to the Capital Pro Bono Honor Roll in 2012, 2013, 2014, for providing 50 hours or more of pro bono service in the prior calendar year.

The Legal 500 US, industry focus - energy: renewable/alternative, 2017

Publications

Co-author, "Oregon Creates Community Solar Program," Ballard Spahr alert, March 16, 2016

Co-author, "Maryland Public Service Commission Issues Draft Regulations Implementing Community Solar Pilot Program," Ballard Spahr alert, November 19, 2015

Co-author, "DOE Offers $1 Billion in Federal Loan Guarantees for Distributed Energy Projects, Provides Guidance," Ballard Spahr alert, August 31, 2015

"Solar Checklist – Is It the Right Time To Go Solar?" BOMA Magazine, March/April 2014

Speaking Engagements

Speaker, "Leveraging Energy and Infrastructure as a Strategic Asset in Higher Education," Ballard Spahr webinar, September 28, 2017 

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, San Francisco, May 2017

Moderator, "Community Solar Update – State-Specific Programs and Implementation," Ballard Spahr webinar, Washington, D.C., April 7, 2017  

Chairman track one, "Solar Market Outlook and Business Development Landscape," Solar Power Finance & Investment Summit, San Diego, 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, San Diego, October 2016

Host, "Monetizing Nutrient Reduction to Finance Green Infrastructure: a Power Generation Case Study," Ballard Spahr's Fifth Annual Green Infrastructure Conference, Philadelphia, October 2016

Moderator, "Considerations in Financing Community Solar Projects," Ballard Spahr webinar, Washington, D.C., May 2016

Moderator, "The Post YieldCo Transaction Landscape," Novogradac & Company LLP, Tax Credit Industry Events, April 2016

Moderator, "Community Solar – State-Specific Legislation and Regulations," Ballard Spahr LLP and Solar Energy Industries Association webinar, February 2016

Panelist, "Structuring Hybrid Deal Financings to Attract Institutional and Long-Term Investors," Infocast Energy Project Finance Tutorial, New York, December 9, 2015 

Moderator, "Community Solar – A New Market Segment," Infocast Distributed Solar Summit 2015, San Diego, November 16-18, 2015

Moderator, "State Microgrid Investments and Initiatives," Infocast Commercial & Government Microgrids Summit, San Diego, October 2015

Moderator, "Federal and State Regulations in Support of Microgrid Adoption," Infocast Commercial & Government Microgrids Summit, San Diego, 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, San Diego, March 2015

George Mason University School of Law (J.D. 2006)

Stanford University (M.A. 1994)

Brigham Young University (B.A. 1993)

Languages

Chinese

District of Columbia

Virginia