Profile
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
- In precedential proceeding before the Rhode Island Public Utilities Commission, represent owner of first out-of-state solar generating facility to obtain certification as New, Solar Renewable Energy Resource under Rhode Island’s Renewable Energy Standard.
- Argued and won case of first impression before the Massachusetts Supreme Judicial Court on behalf of solar developer. The Court held that stand alone, large-scale solar energy systems are a protected land use in Massachusetts and that municipal zoning by-laws that purport to purports to prohibit/restrict the size and location of a large-scale solar energy system in any zoning district will pass legal muster if, and only if, the zoning regulation is necessary to protect the public health, safety and welfare. Tracer Lane II Realty, LLC v. Waltham, 489 Mass. 775 (2022).
- Represent clean energy business policy and innovation organization and solar developers in precedent setting proceeding before the Massachusetts Department of Public Utilities allowing for multi-beneficiary cost sharing as an alternative to the historical narrowly tailored Cost Causation Principle.
- 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
- Listed, The Best Lawyers in America, Energy Regulatory Law, 2024-2025
- Listed, The Legal 500 United States, Energy > Energy regulation: electric power, 2023
- Team Member, a Law360 "Environmental Practice Group of the Year," 2022
- Listed, Boston magazine, "Top Lawyers - Energy Oil & Gas," 2022-2023
- Rated, AV Preeminent® 5.0 out of 5.0 Since 1999
- Appointed, Siting Practitioner Advisory Group to the Massachusetts Commission on Energy Siting and Infrastructure, 2023-present
- Northeast Energy and Commerce Association (NECA)
- Board of Directors, 2021-Present
- Co-Chair, Power Markets Committee, 2019-Present
- 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., The George Washington University Law School
- B.A., cum laude, Boston University
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