David C. Fixler

Experience: Representative Matters: 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 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.