H. David Gold is an environmental, energy and real estate lawyer with over two decades of experience advising clients on matters involving land use, water, wetlands, endangered species, environmental marketing and advertising (“green” claims), cultural resources, environmental health and safety, zoning, and hazardous and solid waste. He provides strategic counsel on environmental compliance and permitting, and has significant experience guiding clients through high-stakes commercial and corporate transactions, successfully negotiating a broad array of purchase and sale agreements, leases, construction contracts, architect agreements and energy supply contracts.

Prior to attending law school, Mr. Gold was an environmental consultant in Massachusetts, Arizona and California. 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, where he provided research assistance to Professor Charles Haar for the book Mastering Boston Harbor: Courts, Dolphins, and Imperiled Waters.

Professional Activities

Mr. Gold is a member of the American Bar Association (ABA) and American Water Resources Association. Mr. Gold has previously served as a vice chair of the ABA Section of Environment, Energy, and Resources Water Resources Committee, a co-chair of the Wetlands and Waterways Committee of the Boston Bar Association, the president of Young Professionals in Energy-Boston, and a member of the Board of Directors of the Boston Natural Areas Network.

Experience

  • Real Estate

    • Negotiated leases, construction contracts and architect contracts for office, R&D, laboratory, museum, and educational properties and projects
    • Successfully defended national retailer in litigation involving zoning and subdivision approvals in Massachusetts
    • Advised commercial property owners on a wide range of construction disputes, including defect, breach of contract, and delay claims
    • Advised commercial property owners in Florida and Hawaii on the development of habitat conservation plans (HCPs) under the Endangered Species Act (ESA)
  • Energy

    • Negotiated offtake agreements for the largest solar project in Maine
    • Represented provider of vehicle electrification company in acquisition of the largest privately held owner and operator of residential rooftop solar systems in the US
    • Provided strategic counsel for offshore wind developers on leasing issues, contracts for services and compliance with interconnection requirements, the Jones Act, the Public Utility Holding Company Act (PUHCA) and Bureau of Offshore Energy Management (BOEM) regulations
    • Negotiated leases, power purchase agreements, renewable energy certificate purchase agreements, net metering credit agreements, interconnection agreements, and design/build contracts for solar farms and rooftop solar projects in Indiana, Maine, Massachusetts, Ohio, and Texas, and advised on related FERC and state regulatory requirements
    • Advised major oil and gas company on carbon capture and sequestration on federal lands and the regulation of CO2 pipelines, as well as FERC’s review of front-end engineering design (FEED) in the project approval process
    • Advised national financial services company on direct energy procurement from regional wholesale markets and assisted in securing authorizations from Federal Energy Regulatory Commission (FERC), regional transmission organizations and state public utility commissions
    • Led internal investigation for major oil and gas company in connection with accident at a 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
    • 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
  • Environment

    • Oversaw national oil and gas company’s implementation of stream and wetlands restoration and mitigation activities relating to Clean Water Act compliance at sites in several states
    • Advised a financial services corporation on sustainability claims, counseling on Federal Trade Commission regulations and other applicable guidelines and industry benchmarks
    • Provided strategic advice to regional waste management company on zoning and environmental permitting issues relating to landfill expansion in Massachusetts
    • Advised global biopharmaceutical company on handling, storage and disposal of biomedical waste and National Pollutant Discharge Elimination System (NPDES) permit requirements for wastewater discharges
    • Counseled electric power authority on construction and operation of a natural gas pipeline in Puerto Rico, including compliance with laws regarding pipeline safety, endangered species, wetlands and cultural resources
  • Natural Resources

    • Assisted ski resort operator in securing water rights for snowmaking and provided advice regarding FERC licensing issues
    • Provided strategic advice for the acquisition of water rights for a potash mining project near National Park Service land 

Recognition

Insights & News

Credentials

  • Education

    • 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, Tufts University

      high thesis honors
  • Admissions

    • Massachusetts

Credentials

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