Heather Cooper

Heather Cooper works on federal income tax matters, with a focus on energy tax issues. She represents clients in restructurings, mergers and acquisitions, and other transactional energy related matters. Heather's national practice includes advising on all aspects of renewable energy transactions such as solar and wind projects. She provides advice on tax equity structures, refinancings, acquisitions and dispositions, restructurings and workouts. Read Heather Cooper's full bio.
Why 2030 is the New 2050 after the Leaders Climate Summit and What President Biden’s Accelerated Transition to a Sustainable Economy Means for Renewables Developers, Investors and Corporates
By Carl J. Fleming, Edward Zaelke, Heather Cooper, Philip Tingle, Elle Hayes and Seth B. Doughty on Apr 28, 2021
Posted In Project Development and Finance, Renewables, Tax, U.S. Congress
2030 is the new 2050 as US President Joe Biden has officially set a new goal for fighting climate change over the next decade in the United States. At the Leaders Climate Summit (the Summit) on Earth Day, he announced that America would aim to cut its greenhouse gas emissions at least 50% below its...
Continue Reading
Senate Democrats Propose Overhaul of Clean Energy Incentives
By Philip Tingle, Heather Cooper, Carl J. Fleming, Elle Hayes, Brian Moore and McDermott Will & Emery on Apr 23, 2021
Posted In Project Development and Finance, Renewables, Tax, U.S. Congress
US Senate Finance Committee Chairman Ron Wyden (D-OR) introduced the Clean Energy for America Act (the Act), along with two dozen Democratic co-sponsors, on April 21, 2021. The Act will likely be a starting point for the Biden administration tax proposals intended to limit carbon emissions. The Act would change the current system for incentives...
Continue Reading
The Energy Market in 2021: From Crisis to Opportunity | Tax Credit for Carbon Capture Products
By Philip Tingle and Heather Cooper on Apr 1, 2021
Posted In Environmental, Project Development and Finance, Tax
The energy market has undergone significant change in the past 12 months, with even more on the horizon. Our webinar series explores how these changes have shaped—and will continue to impact—the energy industry, including discussions of what’s to come. Our latest webinar featured FTI Consulting’s Ken Ditzel, Senior Managing Director and Fengrong Li, Managing Director,...
Continue Reading
US Senate Committee Introduces Clean Vehicle Charging Legislation
By Heather Cooper, Carl J. Fleming, Elle Hayes and Brian Ingram on Mar 29, 2021
Posted In Environmental, Power Markets, Project Development and Finance, Renewables, Tax, U.S. Congress
Earlier this week, a group of cross-party US senators introduced the Securing America’s Clean Fuels Infrastructure Act (the Act) to promote investments in clean vehicle infrastructure. The types of infrastructure supported by the legislation include electric vehicle charging stations and hydrogen refueling stations for fuel cell vehicles. The Act would enlarge the benefits of the...
Continue Reading
The Carbon Tax Checklist
By Jacob Hollinger, Heather Cooper and Carl J. Fleming 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...
Continue Reading
IRS Provides Relief for Offshore Wind and Federal Land Projects
By Heather Cooper and Philip Tingle on Jan 7, 2021
Posted In Power Markets, Project Development and Finance, Renewables, Tax, U.S. Congress
New guidance from the Internal Revenue Service (IRS) extends the Continuity Safe Harbor to 10 years for both offshore wind projects and projects on federal land. The relatively quick release of this guidance following enactment of the offshore wind investment tax credit (ITC) last week suggests strong support for these projects by Congress, the US...
Continue Reading
COVID-19 Stimulus Bill Includes Key Renewable Energy Tax Credits
By Heather Cooper and Philip Tingle on Dec 28, 2020
Posted In Power Markets, Project Development and Finance, Renewables, Tax, U.S. Congress
The US stimulus bill passed into law yesterday includes several key extensions and additions to the tax credits available for renewable energy. The bill had been agreed to by Congress early last week and was signed into law by the president last night. Access the full article here.
Continue Reading
Five Takeaways: Utility Acquisition of Renewable Projects – A Discussion of the Legal and Tax Issues Regarding Utilities, Developers and Tax Equity
By Heather Cooper, Carl J. Fleming, Christopher Gladbach, Debra A. Harrison, Joel A. Hugenberger, Philip Tingle and Edward Zaelke 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...
Continue Reading
Six Takeaways: Utilization and Structuring for Section 45Q Carbon Capture Credits
By Philip Tingle, Heather Cooper, Jacob Hollinger and Brian Moore on Jun 12, 2020
Posted In Environmental, Natural Gas, Project Development and Finance, Renewables, Tax
On Thursday, June 11, McDermott partners Phil Tingle, Heather Cooper and Jacob Hollinger were joined by Ken Ditzel, managing director at FTI Consulting, to discuss their insights into the proposed Section 45Q carbon capture and sequestration credit regulations. The Treasury Department and IRS recently published proposed regulations implementing the Section 45Q carbon capture and sequestration...
Continue Reading
IRS Extends Deadline for ITC and PTC Projects
By Heather Cooper and Philip Tingle on May 28, 2020
Posted In Renewables, Tax
The IRS yesterday released anticipated guidance extending the placed-in-service deadline for the Investment Tax Credit (ITC) and Production Tax Credit (PTC). Under Notice 2020-41, the “Continuity Safe Harbor” was extended to five years for any project that otherwise began construction in 2016 or 2017. As background, the applicable credit rate for the ITC and PTC turns...
Continue Reading