Darin Lowder
Darin Lowder

Darin Lowder

Associate

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

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

Mr. Lowder is experienced with such project technologies as utility-scale commercial and residential-scale solar photovoltaic systems, onshore and offshore wind development, biomass and biofuel projects, coal-fired generation, next-generation nuclear power, and other energy efficiency and alternative energy technologies. He advises clients on tax and regulatory issues affecting the energy industry to emerging financing issues related to renewable energy projects or on military installations.

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

  • 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.

Publications

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

Quoted, "Staring Down Sequestration, U.S. Army Ramps Up Renewables Recruiting Drive," Renewable Energy World, August 2013 

Co-author, "Financing U.S. Military Renewable Energy Projects," Power Finance and Risk, June 2013

Co-author, "Industry Current: Financing U.S. Military Renewable Energy Projects," Power Intelligence, May 2013

"IRS Construction Deadline Guidance Highlights Disparate Treatment of Renewable Energy Technologies," Ballard Spahr alert, April 2013

Co-author, "Military Renewables Plan: A Bioenergy Booster," Biomass Power & Thermal, May 2012

Co-author, "U.S. Army Invests in Renewables," World-Generation magazine, November/December 2011

Co-author, "Energy Efficiency and Conservation: New Legal Tools and Opportunities," Natural Resources & Environment, Vol. 25, No. 4, Spring 2011

Co-author, "Public-Private Partnerships for Solar Development: Notes from the Field," Solar Industry Magazine, September 2010

Co-author, "Solar Incentives in Maryland – The Numbers May Just Add Up," Building in Maryland and Washington, DC, July/August 2009

Co-author, "Carbon Considerations in Energy Project Finance," Financing Clean Energy, Project Finance International, 2008

"Natural Gas Generation Benefiting from Carbon Regulation," Natural Gas & Electricity, March 2008

Co-author, "Green Energy Advertising: How FTC 'Green Guide' Revisions Might Affect Your Business Marketing," Ballard Spahr alert, January 2008

Co-author, "Climate Risks and Opportunities in Power Financing: Imminent or Already Upon Us?" Platts Insight, October 2007

"Strange Watershed Bedfellows? Does the EPA's Water Quality Trading Policy Encourage Unlikely Clean Water Alliances?" 13 George Mason Law Review, 411, 2005

Speaking Engagements

"Microgrids: What, Why, and How? Enhancing Energy Efficiency, Utilizing Clean and Secure Energy, and Generating Revenue," Ballard Spahr seminar co-sponsored by the Association of Independent Colleges and Universities of Pennsylvania, the Hospital & Healthsystem Association of Pennsylvania, and the Health Resources Network, Philadelphia, November 10, 2014

Speaker and moderator, “The Deal Landscape for the Buying and Selling of Utility Scale Solar Projects,” “Defense Market Outlook,” 6th Annual Utility Scale Solar Summit, San Diego, September 2013

Moderator, “What’s The Story on Storage,” Solar Energy Industry Association Financing Seminar, New York, July 2013

Moderator, “Beyond the News: Financing U.S. Military Renewable Energy Projects,” Ballard Spahr program, Washington, D.C., July 2013

“Energy Credits: Application in Public-Private Structures Recent Development and Projects,” New Jersey Redevelopment Authority Conference, Trenton, April 2013

Moderator, “Financial Pathways for Energy Efficiency Projects,” Utah Governors Energy Summit-Energy Efficiency Breakout, Salt Lake City, January 2013

“Using Pooled Financing for Housing Authority Energy Projects – Revitalizing Communities Through Smart Financing,” Housing and Urban Development Headquarters, Washington, D.C., December 2012

Moderator, “Energy Strategies: New Financing Trends,” 2012 National Housing Symposium – Strategies for the Future of Affordable Housing, Washington, D.C., November 2012

Panelist, "The Green in Going Green: the Latest in Housing Authority Energy Finance," Ballard Spahr Housing webinar, July 18, 2012

Panelist, "Qualified Energy Conservation Bonds in 2012," Bond Buyer Symposium on the Public Financing of Sustainable Energy, Los Angeles, May 15, 2012

"Defense and Airspace Considerations," Solar Energy Industries Association (SEIA) Siting and Permitting Seminar, Las Vegas, April 25, 2012

Panel moderator, "New Business Models for Creating the Solar Markets of the Future," Infocast Solar Power Finance and Investment Summit, San Diego, February 28, 2012

"Utah and the Military's Energy Security Agenda," Utah Governor's Energy Development Summit, Salt Lake City, February 15, 2012

Webinar moderator, "The Army Energy Initiatives Task Force - Installing Solar on Army Land," Solar Energy Industries Association (SEIA) webinar, Washington, D.C., February 7, 2012

Panel moderator, "Renewable Energy's Perspective on Replacing Current Generation," Infocast Power Generation Summit 2011, Washington, D.C., November 4, 2011  

"Financing Renewable Energy Infrastructure in REC-Based Projects," Environmental Markets Association (EMA) 15th Annual Spring Meeting, Washington, D.C., May 13, 2011

"Innovation, Risk and Regulation: An Energy Sector Update," Housing Development & Law Institute Conference, Washington, D.C., April 21, 2011

"Salt Lake County: A Case Study in Public-Private Partnerships," Infocast Solar Power Finance & Investment Summit, San Diego, March 22, 2011

Panel moderator, "Acquiring and Developing Biomass-Fired Power Plants," Infocast webinar, November 3, 2010

Panel moderator, "Challenges and Opportunities of Public-Private Partnerships Private Ownership," U.S. DOE Financing Program Support for ARRA Recipients webinar series, July 14, 2010 

Panelist, "Selling and Structuring Green Energy Deals in the Public Sector," Infocast webinar, June 10, 2010

"Maximum Green: Using Tax Credits To Optimize Energy Investments," ABA Forum on Affordable Housing and Community Development Law Conference, Washington, D.C., May 2010

"What Barriers Exist That Make it Difficult To Align Multiple Program Resources in One Project?" The Home Depot National Partners & Federal Government Officials Convening, Washington, D.C., January 28, 2010

"Leveraging Resources through Energy Financing Tools," National Association of Housing and Redevelopment Officials (NAHRO), Summer Conference, Portland, Oregon, July 16-18, 2009

"Green Finance and Funding: Financial Resources and Models for Green Development," HUD HOPE VI Green Building & Energy Efficient Development Conference, Washington, D.C., June 25-26, 2009

"Rebates, RETCs, State Tax Credits and More," Novogradac Financing Renewable Energy Conference, Washington, D.C., November 2008

"Developing a Green Energy Strategy (with Someone Else's Money)," Ballard Spahr Housing Authority Summit, Washington, D.C., November 2008

"Overcoming Barriers: Financial and Physical," National Renewable Energy Marketing Conference, Denver, October 2008

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