People

H. David Gold

Special Counsel

Gold, H. David

David Gold's practice focuses on environmental, energy and land use law. He represents clients in litigation, administrative appeals, mediation and transactional matters. He also counsels clients on compliance with state and federal clean water, hazardous and solid waste and wetlands laws.

Prior to attending law school, Mr. Gold was an environmental consultant in Cambridge, Massachusetts; Tucson, Arizona; and San Francisco, California, assisting clients with a range of regulatory compliance matters involving water resources, endangered species 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. 

Honors & Awards

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

Publications & News

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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.

May 28, 2015

EPA and Army Corps Issue Final Rule on "Waters of the United States"

Yesterday, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers released a final rule defining the scope of waters protected under the Clean Water Act, or “waters of the United States.”

May 14, 2015

Salazar Says Draft NEPA GHG Guide Leaves Host Of Unresolved Issues

An article published in InsideEPA discusses "Regulatory Divergence May Be New Norm After GHG Guidance," an article by Ken Salazar, Mark Kalpin and David Gold, previously published in Law360 on March 24, 2015.

May 5, 2015

Minimizing Risk Under the Clean Water Act

An article by David Gold, Brent Gurney, Mark Kalpin and Alexander White, published in the Energy Law Journal, Vol. 36, No. 1 (2015).

Recent Highlights

  • Represented national financial company in the direct purchase of energy supplies from regional wholesale markets
  • Defended regional energy company against claims of liability under CERCLA and state Superfund laws
  • Defended national paint and coatings company against allegations of liability under state Superfund law
  • Defended national "big box” retailers in litigation and adjudicatory proceedings involving zoning, subdivision and wetland approvals
  • Defended regional waste management company in litigation involving municipal board approvals
  • Represented project developers in connection with securing financing for desalination and landfill gas-to-energy projects
  • Represented major medical institutions in negotiations concerning long-term utility contracts
  • Represented regional utility company in mediation regarding construction contracts
  • Drafted transactional documents for development of large-scale wind energy projects
  • Developed legal framework and supporting contractual documents for state-sponsored solar power initiative
  • Advised petitioner in property registration case before the Massachusetts Land Court

Professional Activities

Mr. Gold is a vice chair of the ABA Section of Environment, Energy, and Resources Water Resources Committee and a member of the Boston Bar Association and 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.

Practices

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Education

JD, University of California, Berkeley School of Law, 2003, Member, California Law Review; Executive Editor, Ecology Law Quarterly

MS, Watershed Management, The University of Arizona, 1995

BA, Economics and Biology, high thesis honors, Tufts University, 1991

Bar Admissions

Massachusetts