Home
David T. McGimpsey

David T. McGimpsey

Partner

David T. McGimpsey

Partner

Indianapolis

D+1 317 635 8900

Local time

Jasper

D+1 812 771 4413

Dave McGimpsey co-leads the Dentons US Region Energy practice, where he counsels clients on regulatory and transactional matters involving utilities, water and energy. Dave advises clients on a broad range of issues including business and regulatory strategy, formation, mergers, project certification, rate cases, financing cases, wholesale contracts, extension contracts, service territory, land use and more. He has handled major rate cases and significant utility acquisitions.

Dave provided lead counsel on state regulatory strategy and a regulatory proceeding for the acquirer in a $6 billion public utility holding company acquisition, advising on a broad range of issues affecting regulatory strategy and post-acquisition regulatory treatment. In the renewables space, Dave has guided clients through the Indiana Utility Regulatory Commission approval process for projects totaling over 5 gigawatts of electric nameplate capacity. He has represented solar developers in transmission interconnection matters and represented a pioneering developer in the community solar segment in regulatory litigation before the Colorado Public Utilities Commission that threatened the continued viability of the community solar business model.

In the water and utility spaces, Dave works with clients to identify creative ways to replace aging infrastructure at reasonable costs, as well as how to capture and use data to make systems more efficient and cost-effective. He works with his clients on compliance issues in the face of ever-evolving regulations.

Dave also hosts The Water Values Podcast, which is released twice per month, where he interviews prominent and interesting figures in the water industry. Recent guests have included George Hawkins, Robert Puente, Jeffrey Kightlinger, Cindy Wallis-Lage, and Jay Famiglietti.

Experience

Water/Sewer

Served as legal advisor to the Town of Lowell, Indiana, on the $24.5 million sale of its water utility to Indiana-American Water Company, which closed December 28, 2021.
City of Charlestown, Indiana: NOW!, Inc. v. Indiana-American Water Co., Inc., 117 N.E.3d 647 (Ind. Ct. App. 2018) (transfer denied at 127 N.E.3d 224 (Ind. May 9, 2019) (affirming decision of Indiana Utility Regulatory Commission (IURC) in sale of municipal water system)).
City of Lafayette, Indiana: Petition of Lafayette for New Schedule of Rates and Charges, CN 45006 (Ind. U.R.C. May 16, 2018) (approval of two-phase, 50 percent water rate increase and authority to issue $19.8M in debt; utility’s first rate increase in 17 years).
City of Bloomington, Indiana: Petition of Bloomington for New Schedule of Rates and Charges, CN 44822 (Ind. U.R.C. Sept. 22, 2016) (approval of 20 percent water rate increase).
City of Bloomington, Indiana: Petition of Bloomington for New Schedule of Rates and Charges, CN 43939 (Ind. U.R.C. Aug. 18, 2010) (approval of two-phase, 50 percent water rate increase and authority to issue $42M in debt).
Town of Fremont, Indiana: Petition of Clear Lake for Review of Rates and Charges, CN 44925 (Ind. U.R.C. Nov. 11, 2017) (defend municipal wastewater utility against complaint over wholesale sewer rates).

Energy/Renewables

CenterPoint Energy, Inc. (IURC Cause No. 45109; 2018-2019): state regulatory strategy and advice concerning acquisition of Vectren Corporation.
Meadow Lake Wind Farm (multiple project companies and IURC cause numbers; 2007-present): 800 megawatt (MW) wind farm in White and Benton Counties, Indiana.
Rosewater Wind Farm (IURC Cause No. 45197; 2019-present): groundbreaking 130 MW Indiana project involving BTA and JV structure for ultimate transfer of project to retail electric utility.
Headwaters Wind Farm (multiple project companies and IURC cause numbers; 2013-present): 400 MW wind farm in Randolph County, Indiana.
RWE/E.ON (2019): Indiana regulatory strategy and advice concerning merger transaction.
Sempra (2019): Indiana regulatory strategy and advice concerning divestiture of investment in wind farm.
Fowler Ridge Wind Farm (multiple project companies and IURC cause numbers; 2007-present): 750 MW wind farm in Benton County, Indiana.
Tri-State Generation and Transmission Association, Inc. (multiple CPUC proceeding numbers; 2013-2015): Multiple transmission infrastructure applications in Colorado for certificates of public convenience and necessity, totaling over $200 million in infrastructure investments.

Recognition

News

Honors and Awards

Ranked as Band 1 in Chambers USA in the area of Energy & Natural Resources in Indiana, 2023, 2024
Named as Distinguished Barrister, Indiana Lawyer Leadership in Law Awards, 2023
Selected for inclusion in The Best Lawyers in America in the fields of Energy Regulatory Law, 2015-2025; Economic Development Law, 2023-2025; Energy Law, 2023-2025
Who's Who in Energy, Denver Business Journal, 2015
Best Water Lawyer, Colorado Law Week, 2015
Selected for inclusion in the Indiana Super Lawyers Rising Stars list, 2009

In the Media

"Council Weighs Tax Option for Justice Upgrades," The Herald, June 11, 2019

Insights

"Digital Water Pivots Utilities from Reactive to Proactive," The Indiana Lawyer, September 4, 2019
"Indiana Supreme Court Delineates 'Subdivided,' 'Reasonably Near Future' Terms in Annexation Statute," June 17, 2019
"New Laws Seek Data, Collaboration from Water Utilities," June 6, 2019
"IURC Order Provides Guidance on Utility Relocation Costs," April 11, 2019
"SCOTUS Leaves Circuit Split Alone; Law Unsettled on Section 1926(b) Service Area Rights in Indiana," February 26, 2019
"Municipal Utility Sale Affirmed with Valuable Practice Pointers Learned," January 7, 2019
"Municipal Utilities Need to Be Smart When Implementing a Smart Meter Program,"October 11, 2018

The Water Values Podcast

Activities and Affiliations

Presentations

Presenter, "Utility Implementation of US Critical Infrastructure Cybersecurity Performance Goals,” Dentons Webinar, January 26, 2023
ABA 34th Water Law Conference, 2016
Moderator, American Bar Association Water Law Conference, 2016
Moderator, American Water Resources Association Annual Conference, 2016
AWWA Water Quality Technology Conference, 2016
Moderator, Western Governors' Association Drought Forum Webinar, 2015
National Association of Water Companies, 2014
Colorado Rural Electric Association, 2013
Bingham Greenebaum Doll Legislative Conference, 2007-2009, 2012, 2016, 2018
Indiana Association of Cities and Towns Annual Conference, 2011, 2012
Indiana Association of Cities & Towns' Municipal Management Institutes, 2006-2009, 2011
Indiana Rural Water Association, 2005-2007, 2009
Indiana Municipal Lawyers Association, 2005, 2008
Association of Indiana Conservancy Districts, 2004, 2008
Indiana Water Environment Association, Keynote Address, Utility Committee, 2006
National Business Institute, 2005, 2006
AWWA Indiana Section Water Utility Council, 2006
Indiana State Bar Association, Utility Law Section Conference, 2006

Memberships

American Water Works Association
- Indiana Section, 2000-Present
- Rocky Mountain Section, 2013-Present
Colorado Foundation for Water Education, 2014-2016
Member, Colorado Bar Association
Member, Denver Bar Association
Colorado Water Congress, 2013-2016
- POND Committee, 2013-2016
- Chairperson, POND Committee Summer 2015
Indiana Rural Water Association, 2000-2020 (merged into Indiana Section of the American Water Works Association)
International District Energy Association, 2010-2012; 2015-2016
Member, American Bar Association
- 2016 Water Law Conference Planning Committee
Indiana Bar Association, Utility Law Section (Past Water/Sewer Division Chair)
Colorado Rural Electric Association, 2013-2015
Alliance of Indiana Rural Water, 2003-2012
Indiana Association of Sewer Companies, 1998-2012
- Executive Director, 2002-2012
Member, American Clean Power Association

Prior and Present Employment

Lewis Roca Rothgerber LLP (legacy firm Rothgerber Johnson & Lyons LLP), January 2013-December 2015
Bingham Greenebaum and Doll (f/k/a Bingham McHale; n/k/a Dentons), May 1998-December 2012

Contact information

IndianapolisLocal time

D+1 317 635 8900

Jasper

D+1 812 771 4413

Email me

Download vCard

Areas of focus

Education

Indiana University Maurer School of Law, 1998, JD

Wabash College, BA (Economics)

Admissions and qualifications

Colorado

Colorado Court of Appeals

Colorado State Judicial District Courts

Colorado Supreme Court

Indiana

Indiana State Courts

US Court of Appeals for the Seventh Circuit

US District Court for the Northern District of Indiana

US District Court for the Southern District of Indiana

{{suggestionHead.categoryName}}

{{suggestionHead.categoryName}}

{{BCKData.LocationHeading}}

{{headerData.hamburgerPrimaryFeatureHeading}}

{{tile.title}}

{{headerData.hamburgerSecondaryFeatureHeading}}

{{tile.title}}

David T. McGimpsey

David T. McGimpsey

Email me

Download vCard

Experience

Water/Sewer

Energy/Renewables

Recognition

News

Honors and Awards

In the Media

Insights

The Water Values Podcast

2024

2023

2022

Activities and Affiliations

Presentations

Memberships

Prior and Present Employment

Share

How can the world's largest global law firm help you today ?

Contact us or find an office in your location.

$name

$name

$name

$name

Important Notice