Carlston

Daniel T. Carlston

Associate
Boston

I work closely with clients to solve regulatory issues in energy, environmental, & privacy law.

Dan Carlston specializes in handling complex regulatory matters and litigation at all levels of government, with a particular focus on environmental, energy, and data privacy law. He also helps clients manage and resolve issues concerning land use, transportation, municipal governance, and cannabis regulation.

Dan leverages his multidisciplinary experience to advise clients on a broad range of environmental and energy regulatory matters. Dan provides strategic advice to energy project developers and investors on permitting and compliance issues, conducts environmental due diligence for renewable energy transactions, and represents clients in high-stakes adjudicatory disputes and regulatory proceedings, including complex environmental litigation.   

Dan works with clean energy companies throughout the life cycle of their projects—from early-stage siting and permitting through construction and operation. His renewable energy experience spans hydropower, solar, offshore wind, battery storage, and geothermal projects across the U.S., with a focus on utility-scale facilities in Massachusetts, New York, and the Northeast region. 

Dan also advises clients across different industries on data privacy and cybersecurity issues. He has successfully helped companies navigate the fallout from data security breaches, including coordinating with forensic consultants, resolving government investigations, and managing regulatory compliance obligations. He regularly advises organizations regarding their privacy, data management, and cybersecurity practices under applicable domestic and international legal frameworks. 

In addition, Dan represents public and private entities in a range of land use, transportation, and municipal law matters related to competitive public bid processes, procurement design, public records law disputes, and municipal governance issues. In the cannabis sector, he has experience drafting competitive state license applications and guiding cannabis companies through inquiries and investigations by regulatory authorities. 

Dan maintains a robust pro bono practice, which includes counseling clients on a range of housing, human rights, immigration, data privacy, and environmental law issues.
 

Education

  • Columbia Law School, J.D., James Kent Scholar, 2023
  • Tufts University, B.S., summa cum laude, 2020

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
  • New York
COURT ADMISSIONS
  • U.S. District Court for the District of Massachusetts    

Experience

ENVIRONMENTAL/ENERGY
  • Represents clean energy project developers in siting, permitting, and other regulatory proceedings before the Massachusetts Department of Public Utilities (DPU), the Department of Environmental Protection (MassDEP), the Energy Facilities Siting Board (EFSB), the New York State Office of Renewable Energy Siting and Electric Transmission (ORES), and the New Hampshire Site Evaluation Committee (NHSEC). 
  • Represents owner and operator of 1,200 MW pumped storage and traditional hydroelectric facilities in Federal Energy Regulatory Commission (FERC) relicensing efforts and Water Quality Certification under Section 401 of the Clean Water Act.
  • Represented offshore wind cable manufacturing facility in administrative appeal regarding Air Quality Permit before the MassDEP Office of Appeals and Dispute Resolution (OADR).
  • Represents companies in federal and state environmental litigation related to polychlorinated biphenyls (PCBs) and per- and polyfluoroalkyl substances (PFAS), and counsels clients on environmental cleanup, investigation, remediation, and insurance recovery efforts.
  • Advises developers, investors, and asset managers on permitting and environmental diligence matters associated with the acquisition and development of renewable energy project assets.
  • Advises clients on compliance, permitting, and enforcement related matters under various environmental laws, including Superfund, the National Environmental Policy Act (NEPA), and state and federal laws and regulations regarding clean water, air quality, endangered species, wetlands, and coal combustion residuals (CCR).
  • Represents solar and energy storage developers and clean energy trade groups in Massachusetts energy policy dockets and legislative policy matters.

PRIVACY & DATA SECURITY
  • Counsels businesses in connection with cybersecurity incidents, business email compromises, unauthorized access or acquisition of sensitive personal and financial information, and data breach notification obligations under state law.
  • Advises technology companies and non-profit organizations regarding state consumer privacy laws, the General Data Protection Regulation (GDPR), the Children’s Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), the EU-U.S. Data Privacy Framework (DPF), the Computer Fraud and Abuse Act (CFAA), and ongoing artificial intelligence (AI) regulatory developments.

LAND USE/TRANSPORTATION
  • Represents clients in the procurement, construction, management, and redevelopment of large-scale transportation and infrastructure projects throughout Massachusetts.
  • Advises the Massachusetts Department of Transportation (MassDOT), the Massachusetts Bay Transportation Authority (MBTA), and local redevelopment authorities on various municipal, state, and federal jurisdictional matters, third-party land use agreements, procurement law requirements, and other regulatory issues. 

CANNABIS
  • Drafted competitive license application materials for adult-use cannabis clients in state cannabis license application rounds.
  • Secured positive resolutions for cannabis companies in state and federal investigations and regulatory enforcement actions.

 

Honors & Involvement

HONORS
  • 2021 recipient of the Foley Hoag Charles J. Beard, II Diversity Fellowship
INVOLVEMENT 
  • Foley Hoag Asian American Pacific Islander Affinity Group, Co-Chair
  • Boston Bar Association, Member
  • Asian American Lawyers Association of Massachusetts, Member
  • Asian American Bar Association of New York, Member
  • National Asian Pacific American Bar Association, Member