Overview
Ben Cheatham focuses his practice on US federal income tax matters in the renewable and transitional energy sectors. He advises clients on the financing, development, operation, acquisition, and disposition of energy projects, with a particular emphasis on investment and production tax credits, direct pay, and credit transfer transactions under the Inflation Reduction Act of 2022 (IRA). He also advises on compliance with the IRA’s prevailing wage and apprenticeship requirements.
Ben’s experience includes leading renewables tax planning for one of the United States’ largest renewable energy developers, where he provided strategic guidance on IRA implementation and organizational tax matters.
He regularly represents lenders, sponsors, and borrowers as tax counsel in various transactions. Ben also has experience advising clients under audit by the Internal Revenue Service and in litigation with the US Department of Justice.
Results
- Represented Terra-Gen in its tax equity and debt financings of the 1,118 megawatts (MW) solar and 2,165 megawatt hour battery energy storage systems Edwards & Sanborn project*
- Represented Invenergy and its affiliates in their $1.5 billion acquisition of AEP’s 1,365 MW unregulated renewables portfolio, their successful contract bid for the 2,400 MW Leading Light Wind offshore wind farm, and their $580 million tax credit transfer agreement with Bank of America*
- Represented First Solar in the tax aspects of various matters, including the tax equity financings of the 280 MW California Flats Solar Project, the 179 MW Switch Station solar projects, and the 40 MW Kingbird solar project*
- Represented Cordelio Power in its acquisition and development of a pipeline of wind and solar projects and in its tax equity and debt financing of the 185 MW Glacier Sands wind project*
- Represented a US investment fund in its acquisition and development of a pipeline of Puerto Rican energy projects*
- Represented Wisconsin Public Service Corporation in connection with its acquisitions and development of the 150 MW Two Creeks Solar Park project and the 150 MW Badger Hollow II Solar Park project*
- Represented InterGen in the sale of its Mexican assets and businesses, including a 155 MW wind project and six combined cycle gas turbine facilities comprising 2,200 MW*
- Represented SunEdison in numerous matters related to its chapter 11 reorganization*
*Matter handled prior to joining McDermott.
Credentials
Education
New York University School of Law, LLM, 2018
University of Maryland Francis King Carey School of Law, JD, cum laude, 2015
University of California, San Diego, BA, 2006
Admissions
California
District of Columbia
