H. David Gold

Special Counsel

Gold, H. David

H. David Gold's practice focuses on environmental, energy and land use law. He represents clients in litigation, administrative appeals, mediation and transactional matters and frequently counsels clients on compliance with state and federal clean water, wetlands, endangered species, cultural resources, and hazardous and solid waste laws. Mr. Gold has extensive experience in environmental impact analysis under the National Environmental Policy Act (NEPA) and its state analogues.

Prior to attending law school, Mr. Gold was an environmental consultant in Massachusetts, Arizona and California, assisting clients with a range of regulatory compliance matters involving NEPA, water resources and the Clean Water Act, wetlands, endangered species and the Endangered Species Act, and socio-economic issues. 

While in law school, Mr. Gold served as a law clerk with the Environment and Natural Resources Division of the US Department of Justice. He spent his final year at Harvard Law School, and also has a master's degree in watershed management from the University of Arizona.

Honors & Awards

  • Named a "Massachusetts Super Lawyers Rising Star" for environmental law in the 2013 issue of Boston Magazine

Publications & News


August 4, 2016

White House Issues Final Guidance on Climate Change Impact Analysis

On August 1, 2016, the White House Council on Environmental Quality released its final guidance on how and when federal agencies should consider the direct and indirect impacts from climate change, including from greenhouse gas emissions, in environmental reviews conducted under the National Environmental Policy Act.

July 28, 2016

FERC Goes Back to the Drawing Board on Data Collection Rule

On July 21, 2016, the Federal Energy Regulatory Commission proposed a new data collection rule that would require market-based rate sellers and entities trading virtual products or holding firm transmission rights in wholesale electric markets to report detailed information on their ownership structure, financial and legal connections with other entities, and other related information.

June 1, 2016

Supreme Court Provides for Judicial Review of Army Corps Determinations

On May 31, 2016, the Supreme Court of the United States held that final determinations by the U.S. Army Corps of Engineers regarding the presence or absence of “waters of the United States” can be appealed to the courts.

March 17, 2016

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

Over the last several years, a number of important energy-related cases have reached the US Supreme Court or the federal courts of appeals. Many of these cases concern the scope of authority of the Federal Energy Regulatory Commission and the Environment Protection Agency to regulate in this area.

March 11, 2016

Oil and Gas Sector Should Seize Opportunity to Shape Methane Regulations

On March 10, President Obama announced that Canada would join the United States in its goal to reduce methane emissions in the oil and gas sector. The President said that the countries together would “move swiftly to establish comprehensive standards to meet that goal.”

March 10, 2016

Energy Sector Alert Series: Hot Topics in California

Important energy issues continue to arise at the intersection of law and policy in California. Here are eight hot topics that require the attention of entities with interests in California's energy sector.

February 25, 2016

Energy Sector Alert Series: Five Essentials for Managing Deal Risk

Oil prices have fallen below $30 per barrel for the first time in more than a decade. This trend, along with the shale gas boom, evolving regulatory constraints, and a growing focus on renewables, have made one thing clear: the oil and gas industry is getting a makeover.

December 22, 2015

FERC Investigations and Enforcement Remain Focused on Market Manipulation

The Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) recently released its annual report for the past fiscal year. The report provides FY2015 statistics on the investigative and enforcement activities conducted by the OE's four divisions—Investigations, Audits and Accounting, Energy Market Oversight, and Analytics and Surveillance.

November 11, 2015

FERC Extends Comment Period on Proposal to Expand Reporting Requirements for Power Market Participants

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) proposed a rule requiring wholesale electricity buyers and sellers (participants in markets run by Regional Transmission Organizations (RTOs) or Independent System Operators (ISOs)) to file information on each of their “Connected Entities”—even if those connected entities do not participate in the ISO/RTO markets. This is a potentially significant step in FERC’s efforts to expand its investigative and enforcement capabilities.

June 30, 2015

Supreme Court Rejects EPA Rulemaking Process for Power Plant Emissions Standards

The US Supreme Court held yesterday that the Environmental Protection Agency unreasonably failed to consider costs when it made the initial decision to regulate emissions of hazardous air pollutants from power plants.

Recent Highlights

  • Advised national oil and gas company on implementation of stream and wetlands restoration and mitigation activities relating to Clean Water Act compliance at sites in several states
  • Provided advice to real estate development company regarding NEPA compliance, and developed habitat conservation plan under the Endangered Species Act (ESA) for development of a site in Florida
  • Successfully defended national retailer in litigation involving zoning and subdivision approvals in Massachusetts
  • Counseled electric power authority on construction and operation of 92-mile natural gas pipeline in Puerto Rico, including compliance with laws regarding pipeline safety, endangered species, wetlands and cultural resources
  • Advised real estate investment company on wetlands permitting issues involving the US Environmental Protection Agency and Army Corps of Engineers in connection with commercial property development in Colorado
  • Counseled clean energy company on endangered species issues associated with development of a 250-megawatt wind generation plant
  • Advised leading natural gas supplier on consultations with US Fish and Wildlife Service under the ESA and Advisory Council on Historic Preservation under the National Historic Preservation Act in connection with pipeline projects
  • Advised regional waste management company on zoning and environmental permitting issues relating to landfill expansion in Massachusetts
  • Advised national financial services company on direct energy procurement from regional wholesale markets and prepared relevant filings for submission to Federal Energy Regulatory Commission, regional transmission organizations, and state public utility commissions
  • Led internal investigation for major oil and gas company in connection with accident at natural gas processing plant in the Gulf Coast area
  • Oversaw transfer of permitting requirements and remediation obligations in connection with the sale of a national oil company's New England retail operations to an oil refining, marketing, and pipeline transport company
  • Negotiated purchase and sale agreement for wind turbines and related equipment and services, including renewable energy certificate (REC) purchase agreement, for Massachusetts Technology Collaborative
  • Represented consortium of major medical institutions with respect to their utility supply contracts, including negotiations for long-term extension of contracts worth more than $3 billion in the aggregate
  • Advised global biopharmaceutical company on handling, storage and disposal of biomedical waste and National Pollutant Discharge Elimination System (NPDES) permit requirements for wastewater discharges

Professional Activities

Mr. Gold is a vice chair of the ABA Section of Environment, Energy, and Resources Water Resources Committee, the incoming co-chair of the Wetlands and Waterways Committee of the Boston Bar Association, and a member of the American Water Resources Association. Mr. Gold served as President of the Boston chapter of Young Professionals in Energy from 2011 to 2012, and as a member of the Board of Directors of the Boston Natural Areas Network from 2007 to 2014.


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JD, University of California, Berkeley School of Law, Member, California Law Review; Executive Editor, Ecology Law Quarterly

MS, Watershed Management, The University of Arizona

BA, Economics and Biology, high thesis honors, Tufts University

Bar Admissions


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