Image for Donald S. Cohen
Of Counsel
Donald S. Cohen
206.676.7531
Areas of Practice
About Don

Early in his career, Don became a part of legal history when he served as trial and appellate counsel in the famous “snail darter” case (Tennessee Valley Authority v. Hill, 437 U.S. 153 [1978]), the first case litigated under the Endangered Species Act of 1973. The lawsuit resulted in a successful review by the U.S. Supreme Court.

Don grew up in the Midwest. He majored in Psychology at Washington University in St. Louis and went to law school at Northwestern University in Chicago. Don was recognized for his academic work by membership in Phi Beta Kappa, Law Review, Order of the Coif, and a cum laude law degree.

In addition to practicing law in Chicago and the Pacific Northwest, Don has also taught law and served in senior administrative positions at the University of Puget Sound, University of Michigan, and University of Tennessee law schools. Don’s broad career experiences bolster his thoughtful, creative, and diligent approach to helping clients solve their legal problems.

Since joining GTH in 1982, Don’s practice has focused on telecommunications, energy, and other utility law, state and municipal law, and business litigation, including complex litigation. He has served as General Counsel to various public utilities and consortiums of public utilities, primarily in the fields of telecommunications and energy.

Don has devoted a great deal of volunteer time to his community. For over 35 years, he has been actively involved in numerous boards and task forces of the City of Mercer Island, Washington, where he lives. Don was honored as Citizen of the Year in 2000.

Don’s clients know he worries about them and their problems 24-7. They rely on Don as a trusted advisor and passionate advocate who works tirelessly to achieve their objectives.

Representative Matters

Has served as General Counsel to public utilities and consortiums of public utilities engaged in telecommunications and energy activities, including rural area broadband projects and renewable energy.

Successfully represented plaintiff in Public Utility District No. 2 of Pacific County v. Comcast, Charter, and CenturyLink, 8 Wn. App. 2d 418 (2019), a complex lawsuit spanning twelve years that upheld the legality of the utility’s rates and contract under which the three companies attach their telecommunications equipment to the utility’s electric poles and resulted in multi-million dollar

judgments in favor of the utility after two trials and multiple appeals.

Successfully represented defendant in trial court and Court of Appeals in Shoulberg v. Public Utility District No. 1 of Jefferson County, 169 Wn. App. 173 (2012), a complex utility property tax class-action lawsuit.

Represented defendant at trial and on appeal in Maleng v. King County Corrections Guild, 150 Wn.2d 325 (2003), which upheld the constitutionality and charter compliance of a voter initiative to reduce the size of the County Council.

Successfully represented the city in the SeaTac Airport “third runway expansion” litigation, 113 Wn. App. 375 (2002), in State of Washington Growth Management Hearings Board proceedings and appeals to Superior Court and Court of Appeals.

Represented public utilities and Board and Council members in Washington Public Power Supply System Securities Litigation, which involved a multi-billion dollar municipal bond default.

Counsel at trial and appellate levels in Tennessee Valley Authority v. Hill, 437 U.S. 153 (1978) – the “snail darter” case – seminal litigation under the Endangered Species Act of 1973, resulting in successful review by U.S. Supreme Court.

Professional History
Education
  • J.D., Northwestern University School of Law, 1970, cum laude
    • Board of Editors, Northwestern University Law Review
    • Order of the Coif
  • B.A. Psychology, Washington University, St. Louis, 1967
    • Phi Beta Kappa
    • Omicron Delta Kappa
Jurisdictions Admitted to Practice
  • Washington State Courts
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Supreme Court
  • U.S. Court of Federal Claims
Professional and Bar Association Memberships
  • Washington State Bar Association
    • Law School Liaison Committee, 1979-80, 1986-88, Chair, 1987-88
    • Washington Supreme Court Task Force on Education for the Judiciary, 1980
  • American Bar Association
    • Public Utility, Communications and Transportation and Legal Education and Admissions to the Bar Sections
Professional History
  • Joined Firm, 1982
  • University of Puget Sound School of Law, Acting Dean, 1980, Associate Dean, 1979 & 1981
  • Associate Professor, 1978-82
  • University of Michigan Law School, Assistant Dean & Director of Graduate Studies, 1976-78
  • University of Tennessee College of Law, Assistant Dean & Assistant Professor, 1974-76
  • Private Business, 1972-74
  • Attorney, Jenner & Block, Chicago, 1970-72
Honors & Awards
  • Selected for the 2002-2003, 2005, 2014-2024 Washington Super Lawyer lists
  • Recognized by Peers as the “Lawyer of the Year” in the practice area of Municipal Law in Seattle, 2016
  • Best Lawyers – Seattle, 2015 Municipal Law
  • Best Lawyers in America, 2015-2018; 2020 Municipal Law
  • AV Preeminent Rated by Martindale Hubbell
  • Named Gordon Thomas Honeywell 2015 “Partner of the Year”
  • City of Mercer Island Citizen of the Year, 2000
Community Activities
  • Mercer Island Parks & Recreation Commission, 2019-present
  • Mercer Island Town Center Stakeholder Group, 2015
  • Mercer Island Sustainability Policy Task Force, Chair, 2012
  • Board of Trustees, Mercer Island Open Space Conservancy Trust, 2004 – 2012; Chair, 2008-2010
  • Mercer Island Parks Levy Stakeholders Committee, Chair, 2007-2008
  • Mercer Island Planning Commission, 1991-2001; Chair, 1996-2001
  • Mercer Island Citizen of the Year, 2000
  • Seattle University School of Law Board of Visitors, 1997-2001

More Attorneys