Carl J. Fleming

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Carl J. Fleming is a transactional lawyer whose principle areas of practice are renewable energy and private equity. He leads transactions throughout the US and worldwide for a number of the renewable industry’s leading developers, global private equity funds and Fortune 500 companies. He provides legal, commercial and strategic advice on the development, purchase and sale and financing of renewable energy projects in wind, solar, energy storage, electric vehicles and other low carbon solutions. A partner in our Washington, DC office, he also advises on a number of energy and climate change policy issues. Read Carl Fleming's full bio.

The Carbon Tax Checklist


By , and on Feb 12, 2021
Posted In Environmental, Natural Gas, Renewables, Tax, U.S. Congress

Many stakeholders have called for the United States to adopt a carbon tax. Such a tax could raise billions of dollars in annual revenue while simultaneously reducing greenhouse gas emissions. Several carbon tax proposals were introduced in the last Congress (2019-2020 term), and it is likely that several more will be introduced in the new...

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Buttigieg Confirmation Signals Increased Investment in Renewable Energy Infrastructure and Electric Vehicles


By and on Feb 3, 2021
Posted In Project Development and Finance, Renewables, U.S. Congress

Today, Pete Buttigieg was sworn in as secretary of transportation after his nomination passed the US Senate 86-13. His confirmation means a likely boon for investment in US infrastructure, particularly for those investing in renewable energy infrastructure, electric vehicle infrastructure and electric vehicles. In an email distributed to his staff today, he advised them that...

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Five Takeaways: Utility Acquisition of Renewable Projects – A Discussion of the Legal and Tax Issues Regarding Utilities, Developers and Tax Equity


By , , , , , and on Dec 4, 2020
Posted In Power Markets, Project Development and Finance, Renewables, Tax

Increasingly, utilities are replacing older generation fleets with more cost-effective generation technologies. Renewables are cost-competitive alternatives in this effort for a number of reasons, including the current tax incentives. A utility’s acquisition of a renewable asset presents many issues not otherwise present in a non-utility acquisition, particularly if the utility intends to include its investment...

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Five Takeaways: Early Moves and Current Trends in Energy Storage


By and on May 29, 2020
Posted In Articles, Power Markets, Renewables

McDermott continues its dialogue with renewable industry leaders to provide the latest market updates on the disruption, challenges and opportunities COVID-19 presents to the industry. This week, we focused on the energy storage market and hosted Chris McKissack, CEO at GlidePath Power Solutions. Glidepath was an early mover in energy storage. GlidePath is now one of...

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Five Takeaways: Navigating President Trump’s Executive Order on US Bulk Power System Electric Equipment


By , , , and on May 22, 2020
Posted In Power Markets, Project Development and Finance, Renewables, Tax

President Trump’s May 1, 2020 Executive Order prohibiting certain transactions involving bulk-power system electric equipment developed, manufactured or supplied by a foreign adversary could have far-reaching implications for both the renewable and conventional power industries. It has also raised a high level of uncertainty and risk while the industry awaits the actual implementation of the...

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Six Takeaways: Shifting Market Dynamics in Corporate PPAs


By , and on May 8, 2020
Posted In Power Markets, Project Development and Finance, Renewables

On Thursday, May 7, McDermott Partners Ed Zaelke and Carl Fleming were joined by Christen Blum, head of the Renewable & Analytics Advisory practices at Edison Energy, to hear her thoughts on the current effects of COVID-19 on the corporate power purchase agreement (PPA) market. Below are six takeaways from this week’s webinar: 1. Despite COVID-19,...

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President Trump’s Executive Order on US Bulk Power System Electric Equipment: Questions and Analysis


By , , , , , , and on May 4, 2020
Posted In Power Markets, Renewables

President Trump’s May 1, 2020, Executive Order prohibiting certain transactions involving bulk-power system electric equipment developed, manufactured or supplied by a foreign adversary could have far-reaching implications for both the renewable and conventional power industries. The breadth of the Executive Order raises key questions and concerns for sponsors and developers of energy projects, construction contractors...

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COVID-19 and Wind Projects: A Legal and Commercial Checklist for Tax Equity, Debt Financing and Project Documentation


By , and on Mar 30, 2020
Posted In Power Markets, Renewables, Tax

The Coronavirus (COVID-19) pandemic has severely disrupted the wind market’s supply chain and labor resources, resulting in significant project delay risk. This legal and commercial checklist is a comprehensive practitioner’s guide to help sponsors and borrowers review their tax equity, financing, offtake and material project documents to ensure compliance with obligations, prevent unnecessary default triggers,...

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What COVID-19 Means For Renewable Projects And Financing


By , and on Mar 26, 2020
Posted In Renewables, Tax, U.S. Congress

The world is facing a situation unprecedented in modern times with the global spread and impact of COVID-19. Its rapid spread has brought severe disruption and uncertainty to everyone’s personal lives, as well as to the wind, solar and storage industry supply chains, the renewable project financing market, and global markets at large. While the...

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The BUILD Act Greenlights Equity Investments, Increasing Need for Legal Involvement


By on Oct 10, 2019
Posted In Project Development and Finance

A little over a year ago, the Better Utilization of Investments Leading to Development (BUILD) Act was signed into federal law, aiming to reform and strengthen US development finance capabilities by creating a new federal agency to help address development challenges and foreign policy priorities of the United States. The US International Development Finance Corporation...

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