Experience

Ed Einowski specializes in project finance and development, representing developers, investor-owned utilities and their unregulated subsidiaries, biofuel producers, investment banking firms, commercial banks and other financial institutions, and state and local governments. He has handled project financings throughout the United States, from West Virginia to California. He also regularly represents biofuels and electric industry clients in such matters as the negotiation of long-term power purchase agreements for the output of wind powered, gas-fired and coal-fired generation facilities, and the buying and selling of biofuel plants and electric generation projects.

Representative Work

Ed has handled a number of highly specialized project-related transactions, including tax-advantaged U.S. leveraged leases, cross-border leases, and public-private partnerships for the joint development and financing of major infrastructure projects. His project finance work covers a broad range of infrastructure projects, including:

• ethanol and biodiesel plants
• electric generation facilities:
• gas fired CT projects
• wind farms
• waste wood and hog fuel burners
• landfill gas to electricity
• solid waste to energy facilities
• solar projects
• light rail and other mass transit facilities
• airports, docks and wharfs
• water and sewer utilities
• solid waste disposal facilities
• hospital and health care facilities
• housing projects
• higher education facilities
• manufacturing facilities, commercial office buildings and retail facilities ranging from regional shopping malls to automobile assembly plants

Professional Honors & Activities

• Listed in Best Lawyers in America, 2009
• Former member of the State of Oregon Municipal Debt Advisory Commission (initially appointed by Governor Kitzhaber), 1999-2007
• Editor-in-Chief and Editor Emeritus of the Municipal Finance Journal
• Member, National Association of Bond Lawyers
• Member, American Bar Association
• Steering Committee member of National Association of Bond Lawyers, 1991-1993
• Associate Member, Oregon Municipal Finance Officers Association

Presentations

Mr. Einowski is a regular speaker on various renewable energy topics at national and local conferences. Recent and upcoming speaking engagements include:

• Moderator, "Impact of State RPS's and the Prospect of a Federal RPS," InfoCast Webinar Jan. 27, 2010
• Financial Research Associates, LLC's 4th Annual Renewable Energy Finance & Investment Summit, Sep. 14–16, 2009 in Miami, Florida; Moderator for Panel on Power Purchase Agreements: State of the Art
• InfoCast's Project Finance: The Tutorial, Jul. 20–22, 2009 in New York City, New York. Topic: Special Issues in Renewable Project Non-Financial Contracts
• Law of Renewable Energy; EUCI Webinar, Jun. 15, 2009; Moderator for Panel on Regulatory and Transmission Issues for Renewable Energy Projects
• Law of Renewable Energy; EUCI Webinar, Jun. 8, 2009; Moderator for Panel on EPC, Major Component, Construction and Balance of Plant Contracts for Renewable Energy Projects
• Law of Renewable Energy; EUCI Webinar, Jun. 1, 2009; Moderator for Panel on Siting and Permitting for Renewable Energy Projects
• Law of Renewable Energy; EUCI Webinar, May 18, 2009; Moderator for Panel on Power Purchase Agreements for Renewable Energy Projects
• Law of Renewable Energy; EUCI Webinar, May 11, 2009; Moderator for Panel on Real Estate and Site Rights for Renewable Energy Projects
• American Wind Energy Association Conference and Trade Show, May 4 to 7, 2009, Chicago, Illinois; Topic: Co-locating Renewable Energy Technologies: Shaping Production, Securing Our Clean Energy Future
• Law of Renewable Energy; EUCI Webinar, Apr. 27, 2009; Moderator for Panel on Tax and Project Finance Structuring Issues for Renewable Energy Projects
• National Hydrogen Association's Conference and Hydrogen Expo, Mar. 30-Apr. 3, 2009 in Columbia, South Carolina. Topic: Hydrogen Finance Workshop (workshop leader)
• Infocast Wind Finance & Investment Summit, Feb. 11-13, 2009 in San Diego, California. Topic: Consolidation and M&A in the Wind Industry
• Infocast Biomass Finance & Investment Summit, Jan. 26-29, 2009 in Coral Gables, Florida. Topic: Equity Investor's Perspectives on the Biomass Market
• AWEA Wind Finance & Investment Summit, Oct. 6-7, 2008 in New York City, New York. Topic: Debt Issues in Wind Finance
• National Hydrogen Association's Renewable Forum, Sep. 22-24, 2008 in Golden, Colorado. Topic: Renewable Hydrogen Finance
• 3rd Annual Renewable Energy Finance & Investment Summit, May 19-21, 2008 in Scottsdale, Arizona. Topic: Tax Equity Transactions for Renewable Energy Projects
• International Biomass '08 Conference & Trade Show; Apr. 15-17, 2008 in Minneapolis, Minnesota. Topic: Project Finance
• Wind Power Finance & Investment Summit, Feb. 6-8, 2008 in San Diego, California. Topic: Trends in Mergers and Acquisitions in the Wind Industry
• The Biomass Finance & Investment Summit, Jan. 22-23, 2008 in Miami, Florida. Topic: Project Finance

Publications

• "Dealing With Impact of Rising Oil Prices on Biomass Projects" (with Katherine A. Roek), Natural Gas & Electricity, September, 2008 edition
• "Risk Shifting Major Element in Project Finance for Renewables" (with Katherine A. Roek), Natural Gas & Electricity, October, 2007 edition
• "Investing In Renewable Energy" (with Kevin T. Pearson), The Energy and Utilities Project, Volume 5, 2005 edition
• The "Project Finance for Wind Power Projects" Chapter in the Stoel Rives publication The Law of Wind
• "Preventing Further Restrictions on Tax-Exempt Obligations," 8 Mun Fin J 3, 1987
• Author, "Private Purpose Tax-Exempt Financing in Oregon," Or Bus & Corp L Dig, Feb. 1985
• "Response to the Treasury Tax Reform Proposal: The Need for Flexibility in Determining the Business of Government," 6 Mun Fin J 73, 1985
• "Tax Reform, Federalism, and State Sovereignty," 7 Mun Fin J 91, 1986

Education

• University of Michigan Law School, J.D., 1978, cum laude
• University of Michigan Residential College, B.A., 1975, summa cum laude

Admissions

• Michigan
• Oregon

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Law Practice

Bond Counsel Practice

Ed Einowski heads the firm's tax-exempt bond finance group. Having handled over 400 bond issues during his Bond Counsel career spanning some 28 years, Ed has developed a national reputation in bond law, with special expertise in federal tax law and state law as they affect state and local government obligations. His experience as Bond Counsel is nationwide in scope, having handled bond issues in states throughout the nation, from West Virginia, to Michigan, to California. His extensive expertise in public finance embraces all manner, structure and form of state and local government debt obligations, including general obligation bonds, revenue bonds, qualified 501(c)(3) bonds, water and sewer system bond issues, special assessment bonds, solid waste disposal system bonds, electric generation and distribution system bonds, bonds to finance cogeneration facilities, housing bonds, hospital and health care financings, tax exempt commercial paper programs, bonds backed by FHA Mortgage Insurance and GNMA securities, hospital and health care financings, self insurance bonds, taxable bonds, tax increment financings and tax anticipation notes. In addition, he has represented governmental units in connection with several major infrastruture projects involving the close cooperation of the state, federal and local governments and private enterprises, including handling the complicated financing for Tri-Met's multi-year Light Rail construction project.

As a member of the Steering Committee of the National Association of Bond Lawyers, he chaired the panels on qualified 501(c)(3) bond issues and tax exempt lease financings and created a new program dealing with matters pertaining to the proper structuring of revenue bond financings. He has also served as a member of the Oregon Municipal Debt Advisory Commission, having been first appointed to that post by Governor Kitzhaber in 1999. He frequently lectures at various seminars and has authored a number of articles on various topics concerning municipal finance.

Professional Activities

• Editor Emeritus of the Municipal Finance Journal
• Member, National Association of Bond Lawyers
• Member, American Bar Association
• Steering Committee member of National Association of Bond Lawyers, 1991‑1993
• Associate Member, Oregon Municipal Finance Officers Association

Articles

• Author, "Private Purpose Tax-Exempt Financing in Oregon," Or Bus & Corp L Dig, February 1985
• "Response to the Treasury Tax Reform Proposal: The Need for Flexibility in Determining the Business of Government," 6 Mun Fin J 73, 1985
• "Tax Reform, Federalism, and State Sovereignty," 7 Mun Fin J 91, 1986
• "Preventing Further Restrictions on Tax-Exempt Obligations," 8 Mun Fin J 3, 1987
• Numerous other articles on various aspects of tax-exempt bond financing

Jurisdictions

• Oregon
• Michigan

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