Overview

David A. Fitzgerald counsels municipal electric system and rural electric cooperative clients with respect to regulatory, transactional, litigation and legislative matters. He has extensive experience advising clients on power purchases from the federal government and has advised clients served by each of the federal Power Marketing Administrations. His litigation experience has included challenges of Federal Agency actions in appeals before the U.S. Court of Appeals for the D.C., Ninth and Eleventh Circuits. David also coordinates lobbying registration activities for clients requiring registration under the Lobbying Disclosure Act.

He is based out of the Washington, D.C. office, but resides in Seattle, Washington.

Previous Experience

Before joining Schiff Hardin, David was a partner at Sullivan & Worcester LLP. Earlier, he was an associate with Verner, Liipfert, Bernhard, McPherson and Hand.

His experience also includes over six years working on Capitol Hill. During that time, he was on the staff for Senator Howard M. Metzenbaum (D-Ohio) and focused on a variety of issues including the Energy Policy Act of 1992. He also staffed Senator Metzenbaum on the Environment and Public Works Committee and the Labor and Human Resources Committee.

David is past contributor to the American Bar Association Annual Report of the Public Utility, Communications, and Transportation Section and is currently an Articles Editor for the Energy Law Journal.

  • Experience

    • Coordinated successful strategy to save hydropower customers $340 million in potential costs
    • Represented clients in appeals of agency orders and decisions in U.S. District Court and U.S. Court of Appeals
    • Litigated application of Federal Power Act Section 211A before the Federal Energy Regulatory Commission (FERC)
    • Helped negotiate settlement for multistate transmission owner to implement Open Access Transmission Tariff (OATT) formula rate
    • Review biannual transmission owner formula rate filings for compliance with FERC requirements
    • Advised clients on U.S. Army Corps of Engineers regulations and policies on hydropower generation
    • Counseled clients on hydropower operational issues including licensing obligations
    • Negotiated power purchase agreements including contracts integrating hydropower resources into organized power market
    • Coordinated client's grassroots federal lobbying efforts to protect Federal Power Program
  • Credentials

    Education

    • The Catholic University of America Columbus School of Law, J.D., 1995
      Overall Winner, Environmental Moot Court Competition (1994)
    • Colorado College, B.A., Political Economy, 1988

    Bar Admissions

    • District of Columbia
    • Washington
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Court of Appeals for the District of Columbia Circuit

          Professional Memberships

          Energy Bar Association

          Articles Editor, Energy Law Journal

        • Insights

          TITLE
          Article
          Article

          FAA Eases Opportunities for Utilities to Use Drones

          Schiff Hardin Energy & Environmental Law Adviser

          Other Publications

          David is past contributor to the American Bar Association Annual Report of the Public Utility, Communications, and Transportation Section and is currently an Articles Editor for the Energy Law Journal.

          Speeches & Presentations

          • "Overview of Federal Energy Regulation," 19th Annual FERC Briefing, Portland, Ore. (Jun. 5, 2013)
          • "Electric Industry Hot Topics – Using the Power Marketing Administrations to Drive Policy Changes," 19th Annual FERC Briefing, Westminster, Colo. (May 22, 2013)
          • “The Chu Memorandum and the Role of the Lawyer,” (co-presenter) General and Transmission Legal Seminar, National Rural Electric Cooperative Association, Boston, Ma. (Nov. 8, 2012)
          • “Application of Federal Power Act Section 211A, American Public Power Association Legal Seminar, Washington, D.C. (Oct. 14, 2012)
          • “Environmental Re-Dispatch, Past, Present and Future,” Washington Society of Municipal and PUD Attorneys, Seattle, Wash. (Dec. 8, 2011)
          • "Renewable Energy - Considering Hydropower," American Public Power Association Legal Seminar (Oct. 10, 2010)
          • "National Update on New Developments Affecting the Renewable Energy Industry," Law Seminars International (Oct. 7, 2010)
          • "The Push for Renewable Energy: Updates on the Major Federal Policy Initiatives to Promote Renewables," Law Seminars International (May 3, 2010)
          • "Major Congressional Policy Activities Affecting the Renewable Energy Industry," Law Seminars International (Oct. 8, 2009)
          • "Congressional Action on Energy Issues," Law Seminars International (Sep. 14, 2009)
          • "Federal Energy Legislative Initiatives: Whither the Tipping Point?" Law Seminars International (Sep. 2008)
          • "Power Marketing Administration Developments," American Public Power Association Legal Seminar (Oct. 2003)
          • "Issues in Long Term Power Supply Contracts," National Rural Electric Cooperative Association Generation and Transmission Legal Seminar (Nov. 2001)
        • Citizenship

          Civic and Charitable Memberships

          Volunteer Boys Lacrosse Coach

        Energy and Environmental Law Adviser

        Renewable Energy Development Can Still Look to PURPA as New Administration Moves In

        With the inauguration of President Trump as the 45th President of the United States, stakeholders in various sectors of the energy industry have speculated about the future of energy policy in the new administration. While the early days of the administration have seen a clear commitment to the oil and gas sectors with action on … Continue Reading

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