Navigating Renewable Energy Projects in the Trump Era: Tariffs, Taxes, and Commercial Strategies

Harry Clark Partner

Washington, D.C.

Harry is experienced in areas such as CFIUS/Exon-Florio examinations of foreign investment, military and “dual use” export control regulations (ITAR/EAR), economic sanctions administered by the U.S. Treasury Department (OFAC), customs regulations, the Foreign Corrupt Practices Act, anti-money laundering rules, anti-boycott requirements and defense industrial security requirements. He executes internal corporate investigations regarding trade and investment rules and advises on such rules in the context of corporate transactions.

Additionally, Harry has extensive experience with government contracting matters. His government contracting work has included, for example, design and implementation of U.S. Defense Department renewable energy projects. He also represents broad industry coalitions on major trade litigations and international negotiations. His experience in these areas includes a leading role in what is often considered the largest-ever international trade dispute: the controversy regarding unfair softwood lumber imports from Canada. It has involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, WTO dispute proceedings, judicial proceedings and international settlement agreements.

Harry has represented a coalition of major U.S. oil companies in antidumping and countervailing duty litigation. As a related matter, he pursues policy issues with congressional and executive branch officials and advises on international trade rules (e.g., GATT, WTO agreements and NAFTA).

Chambers 2022 recognizes Harry as a leader in the field of export controls and economic sanctions (Chambers Global and Chambers USA), as well as CFIUS (Chambers USA). Previous editions have also recognized Harry’s achievements regarding his work related to the Foreign Corrupt Practices Act. Clients note that Harry provides “accurate, straightforward guidance incredibly efficiently” and “he has an ability to translate complex legal requirements and rules into business-friendly jargon.”

John Eliason Partner

Washington, D.C.

John advises major financial institutions (tax equity investors and infrastructure funds), lenders, developers, and sponsors, particularly those in the wind, solar, storage, biomass and energy tech space. He helps clients structure financings for their projects to take advantage of federal and state tax incentives, like the Federal production tax credit (PTC), energy investment tax credit (ITC) and accelerated depreciation (MACRS and “bonus”) using partnership flips, sale-leasebacks, public/private partnerships, and other structuring options. He has been particularly focused on providing clients with the latest guidance and opportunities relating to the Inflation Reduction Act, including with respect to Section 6418 tax credit transfers and Section 6417 direct pay opportunities.

Recognized by Chambers USA and Chambers Global in Band 2 for Projects: Renewables & Alternative Energy, clients describe John as “extremely knowledgeable, flexible and can put technical jargon into plain terms.” Client sources also state “he knows the tax equity markets very well and is very commercial.”

Prior to law school, John founded an information management company based in Austin, Texas. He is also a veteran of the Texas Army National Guard.

Louise Gibbons Partner

San Francisco

From the latest tax credit transfer and hybrid structures to the full suite of debt and tax equity financings, preferred equity financings, selldowns and investments, she takes a collaborative and relatable approach to close the deal. She advises a range of renewables and energy transition industry participants, from project developers, sponsors, borrowers, lenders, investment banks, private equity funds and other capital providers and investors.  She works with a range of asset classes, including among others, wind, solar, battery storage, hydrogen and renewable natural gas.

Louise was recognized by Chambers USA Nationwide Projects: Power & Renewables: Transactional in 2024, where clients describe her as "excellent," "very thorough," "detailed" and "pragmatic." She was named by Legal 500 as a Next Generation Partner in Energy Transactions: Electric Power in 2024 and noted for her “work in project finance and M&A work on transformative, first-in-kind renewable energy projects.”

As an All-American College sailor, Louise has pursued her interest in law of the sea and international laws throughout her career. She is translating this experience into differentiated advice for clients in the burgeoning U.S. offshore wind market. 

Teresa Hill Partner

Seattle

Focused on helping public and private companies in achieving their global “net zero” carbon commitments, Teresa has a particular emphasis on negotiating renewable energy power purchase agreements (PPAs). She has partnered with some of the largest corporate buyers of renewable energy, working to expand the global footprint of their energy portfolios in the United States, Latin America, Europe, Australia and Asia.

Teresa has extensive experience with wind, solar and storage projects and, specifically, the negotiation of development-related agreements, including virtually and physically settled renewable power purchase agreements.

Prior to joining Orrick, Teresa was a partner in the energy and infrastructure group of a global law firm and in the environment, land use and natural resources and renewable energy groups of a Portland-based law firm. She also clerked for Chief Justice Linda Copple Trout, the first woman appointed to the Idaho Supreme Court.

Rob McKenna Partner

Seattle; Washington, D.C.

A former Washington State Attorney General and President of the National Association of Attorneys General, Rob is accomplished in all areas of public policy, appellate law and investigations. He is a Chambers USA Band 1 Partner in Government Relations: State Attorneys General.

Rob represents a wide range of technology, energy, finance and other companies in matters involving cyber security, data privacy, litigation, appellate litigation, regulatory proceedings, state attorney general investigations and legislative issues. His experience, stature and proficiency add essential capabilities for clients seeking coordinated policy advocacy, regulatory compliance and litigation strategies in state capitols across the country and in Washington, D.C., where he has testified before Congress and assisted clients who have been called to testify before Congressional committees. While at Orrick, Rob has represented clients in both state and federal court, typically in cases centered on constitutional questions.

Rob served two terms as Attorney General of Washington, from 2005 to 2013. He successfully argued three cases before the U.S. Supreme Court and helped negotiate three of the largest consumer protection settlements in national history, all involving mortgage lending and servicing. He is a recognized leader in the development of data protection and privacy regulation. Rob was the first state Attorney General to build a computer forensics lab to collect evidence of Internet fraud and passed one of the nation's first anti-spyware laws.

Rob served as President of the National Association of Attorneys General (NAAG) from 2011–12 where he co-launched the NAAG Intellectual Property Task Force to advance the national fight against counterfeiting and piracy. While serving as NAAG President, he created and led a national initiative to combat human trafficking which continues to this day. The NAAG human trafficking summit he hosted in Seattle in 2012 led AGs to launch state-level initiatives around the country. His fellow attorneys general honored him in 2011 with the Kelley-Wyman Award for “Outstanding Attorney General” in America.

Rohit Sachdev Partner

San Francisco

Rohit has extensive experience in the solar, wind, energy storage, and biofuel sectors, and has advised on numerous award-winning transactions. He is recognized by Chambers USA and Chambers Global in the Projects: Renewables & Alternative Energy category. Rohit’s clients describe him as “excellent,” “knowledgeable,” “timely in his work,” “commercially-oriented,” “very plugged into the market” with a “great demeanor."

In recent years, Rohit's practice has focused particularly on project development and project M&A transactions. He has successfully negotiated many GWs of "physical" and "virtual" PPAs and tolling agreements, as well as a variety of construction, supply and other development arrangements. Rohit has also represented clients on the purchase and sale of renewables projects in various U.S. jurisdictions, as well as joint venture and other project asset arrangements. He has particularly focused on the development, financing and sale of domestic and international energy storage projects, including stand-alone, hybrid, front-of-meter and behind-the-meter projects.

Rohit co-leads Orrick’s South Asian Inclusion Network and served as a Fellow for the Leadership Council on Legal Diversity.

He started his legal career at an international law firm in New York, where he focused on project development and project finance transactions across the globe. Prior to law and business schools, Rohit was an investment banking analyst at Credit Suisse in San Francisco where he provided M&A and financial advisory services to technology companies in Silicon Valley.

Kristin Seeger Partner

San Francisco

Her experience spans projects across the United States and Canada and includes award-winning transactions. She is recognized nationally as Chambers USA Band 2 for Projects: Power & Renewables: Transactional (2024) and as a Leading Lawyer: Energy-Renewable/Alternative Power by Legal 500.  Clients describe her as "very knowledgeable" with a "great sense of being practical and understanding what the drivers are on either side of the table." Kristin is a key member of Orrick's energy transition practice, which was recognized as Band 1 in Energy Transition by Chambers USA (2024).

Eric Stephens Partner

San Francisco

Eric helps clients design and build successful renewable energy businesses by advising on how projects and portfolios large and small can maximize their value through well-informed negotiation, efficient diligence and acquisition techniques, and responsive and creative problem solving.

Eric has particularly deep knowledge in helping developers strategically procure the equipment and services necessary to develop, construct, commission, operate and sell renewable energy projects of all sizes, and in helping investors evaluate the development work of potential investments. Development and procurement managers excel at sourcing and pricing a project’s needs, and Eric can build on this by bringing these contracts to completion with deep market knowledge, in a way best suited to the client’s commercial objectives and so that they withstand the scrutiny of project investors, lenders and buyers. Eric balances work for utility-scale projects with the growing distributed energy generation and storage sector, both of which recently include negotiation of contracts to “safe harbor” equipment or construction activities to preserve higher levels of ITC or PTC. He has represented energy project developers, equipment suppliers and installers, publicly-owned utilities, private equity investors and other parties in developing energy projects from very early stages of securing technology and land/resource rights to buying and selling operating assets, and everything in between.