Practices

Pollution Control/Waste Management/Energy

Our attorneys represent underwriters, public issuers, and purchasers in a full range of tax-exempt public debt offerings for these major projects:

  • Electric cooperatives
  • Gencos
  • Oil refineries
  • Power plants that use a variety of waste fuels, including municipal waste, waste coal, and wood waste
  • Pulp de-inking facilities
  • Qualified portions of conventional plants and nuclear power plans
  • Renewable energy facilities
  • Solid waste disposal facilities
  • Utilities
  • Water and wastewater facilities

We have successfully structured financings that combine publicly or privately issued taxable debt, bank debt, or leveraged leases with tax-exempt debt. We provide a full range of counseling on the tax issues arising from tax-exempt debt, including arbitrage rebate calculations and advice on tax audits of debt issues. Additionally, we help projects take advantage of a wide variety of tax incentives, including tax-exempt bonds, Clean Renewable Energy Bonds, Gulf Opportunity Zone Bonds, solar and clean coal investment tax credits, New Markets Tax Credits, and renewable energy production tax credits.

We also have related experience that helps to facilitate the execution of complex project development, including initial and secondary public offerings, Rule 144A offerings, shelf offerings, high-yield debt offerings, and private placements. We are also experienced in specialized finance structures, including synthetic leases, securitization of stranded assets, and royalty trusts.

Experience 

Recent Pollution Control Issues

 

Amount

Issuer

Title

$46,365,000 Pennsylvania Economic Development Financing Authority Exempt Facilities Revenue Refunding Bonds 2009 Series A (Non-AMT) (Exelon Generation Company, LLC Project)
$230,570,000 Pennsylvania Economic Development Financing Authority $100,000,000 Exempt Facilities Revenue Refunding Bonds, Series 2009A; $50,000,000 Exempt Facilities Revenue Refunding Bonds, Series 2009B; $80,570,000 Exempt Facilities Revenue Refunding Bonds, Series 2009C
$25,000,000 Business Finance Authority of the State of New Hampshire Pollution Control Refunding Revenue Bonds (The United Illuminating Company Project - 2009 Series A) (AMT)
$80,000,000 Louisiana Public Facilities Authority $40,000,000 Revenue Bonds Series 2008B and $40,000,000 Revenue Bonds Series 2008C (Air Products and Chemicals Project)
$33,000,000 Ohio Water Development Authority State of Ohio Pollution Control Revenue Refunding Bonds, Series 2008-C (First Energy Nuclear Generation Crop. Project)
$28,525,000 Beaver County Industrial Development Authority (Beaver County, Pennsylvania) Pollution Control Revenue Refunding Bonds Series 2008-A (Non-AMT) (FirstEnergy Generation Corp. Project)
$100,000,000 Ohio Air Quality Development Authority (State of Ohio) Pollution Control Revenue Refunding Bonds Series 2008-B (Non-AMT) (FirstEnergy Generation Corp. Project)
$6,450,000 Ohio Water Development Authority (State of Ohio) Pollution Control Revenue Refunding Bonds Series 2008-A (Non-AMT) (FirstEnergy Generation Corp. Project)
$50,000,000 Industrial Development Corporation of Port of Corpus Christi Environmental Facilities Revenue Bonds (CITGO Petroleum Corporation Project) Series 2008
$80,570,000 Pennsylvania Economic Development Financing Authority Exempt Facilities Revenue Bonds Series 2007 (PPL Energy Supply, LLC Project)
$13,000,000 Louisiana Public Facilities Authority Revenue Bonds, Series 2006
$135,550,000 Ohio Water Development Authority Pollution Control Revenue Refunding Bonds, Series 2006-B (Non-AMT)
$15,500,000 Ohio Air Quality Development Authority Pollution Control Revenue Refunding Bonds, Series 2006-B (Non-AMT)
$60,000,000 Gulf Coast Industrial Development Authority Environmental Facilities Revenue Bonds, Series 2006
$50,000,000 Industrial Development Corporation of Port of Corpus Christi Environmental Facilities Revenue Bonds Series 2006
$25,000,000 Port Arthur Navigation District Exempt Facilities Revenue Bonds, Series 2005
$100,000,000 Ohio Air Quality Development Authority State of Ohio Pollution Control Revenue Refunding Bonds Series 2005-A
$45,000,000 Beaver County Industrial Development Authority, Pennsylvania Pollution Control Revenue Refunding Bonds, Series 2005-A
$100,000,000 Ohio Air Quality Development Authority State of Ohio Pollution Control Revenue Refunding Bonds, Series 2005-A
$31,980,000 Michigan Strategic Fund Limited Obligation Refunding Revenue Bonds (The Detroit Edison Company Exempt Facilities Project), Series 2004B (Non-AMT)
$36,000,000 Michigan Strategic Fund Limited Obligation Refunding Revenue Bonds (The Detroit Edison Company Exempt Facilities Project), Series 2004A (AMT)
$7,330,000 Washington County, Utah General Obligation Refunding Bonds, Series 2004