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David C. Fixler

David C. Fixler’s practice focuses on assisting energy companies with navigating the complex regulatory landscape that, together with sweeping technological changes, is changing the manner in which electricity is generated, distributed, sold, managed, stored, and consumed in the United States. David has wide-ranging experience representing developers of renewable and traditional energy facilities in permitting, siting, interconnection, zoning, property tax and other matters in front of regulatory agencies and courts. David’s multidisciplinary skill set allows him to quickly identify potential legal concerns and design strategies that address these problems before they arise, helping clients to avoid costly disputes in the future.

Concentrations

  • Energy
  • Regulatory strategies
  • Energy litigation
  • Renewable energy facility interconnection
  • Corporate governance and management
  • Public power

Capabilities

Experience

  • Represent Solar and Storage developers in disputes with electric distribution companies regarding interconnection issues.
  • Advise Solar and Storage developers regarding federal and state interconnection matters under state and federal tariffs.
  • Advise energy companies regarding participation in ISO-NE energy and capacity markets.
  • Represent clean energy business policy and innovation organization in Massachusetts Department of Public Utilities proceeding investigating the interconnection of distributed generation in Massachusetts.
  • Represented clean energy business policy and innovation organization in the most recent electric distribution company rate case before the Massachusetts Department of Public Utilities.
  • Represent large energy facility in connection with property tax appeals before Massachusetts Appellate Tax Board.
  • Obtained key regulatory approvals for the three most recent large electric generating facilities in Massachusetts.°
  • Represented wind developer in Massachusetts Department of Public Utilities review of renewable power sales agreements.°
  • Represented numerous public power utilities in connection with the termination, liquidation, and settlement of forward contracts and similar energy agreements in major bankruptcy matters.°
  • Defended a large multi-national company in commercial arbitration involving a co-generation power plant and in commercial arbitration involving the purchase and installation of a retail store computer system in a chain of department stores.°
  • Briefed and argued a case of first impression before the U.S. Court of Appeals for the First Circuit, Swirsky v. National Association of Securities Dealers, 124 F.3d 59 (1st Cir. 1997).°

°The above representations were handled by Mr. Fixler prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Co-Chair, Power Markets Committee, Northeast Energy and Commerce Association (NECA)
  • Member, Temple Israel of Sharon, Board of Trustees, 2002-2015
    • Chairman, House Committee, 2002-2006; 2010-2015
  • Member, Town of Sharon Police Chief Screening Committee, 2015 and 2018
  • Member, Town of Sharon Town Administrator Screening Committee, 2014
  • Member, Town of Sharon Finance Committee, 1999-2005
    • Vice Chair, 2004-2005

Credentials

Education
  • J.D., George Washington University Law School, 1987
  • B.A., cum laude, Boston University, 1984
Admissions
  • Massachusetts
  • Rhode Island
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Rhode Island
  • U.S. Court of Appeals for the First Circuit
  • Supreme Court of the United States