David counsels clients through the lens of a former in-house attorney to provide insightful and practical advice. He understands a client’s business and the unique policies related to environmental, health and safety (EHS) legal issues associated with permitting, compliance, transactional due diligence, regulatory development, enforcement defense and related litigation.

David’s practice focuses on EHS matters, especially those involving the Clean Water Act (CWA), Clean Air Act (CAA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA). He has nearly 20 years of experience working with energy clients, including oil and gas, pipelines, natural gas liquids (NGL), manufacturers, banking institutions, corporate clients and more. David has led due diligence and transactional negotiations for brownfield redevelopment and has coordinated response and remedial action for hazardous environmental releases. His work with clients on permitting, compliance and enforcement defense matters has led him to regular interaction with agency staff at US Environmental Protection Agency (EPA), US Army Corps of Engineers (Corps), US Fish and Wildlife Service (FWS) and equivalent state agencies and historic preservation officers.

Prior to joining Hunton Andrews Kurth, David was lead in-house environmental counsel for a Fortune 500, diverse energy company in the midstream natural gas and NGL industries.

Relevant Experience

  • Extensive experience with permitting and compliance counseling for energy facility and linear projects, including but not limited to pipeline projects, associated compressor and/or boosting stations, natural gas processing plants and natural gas liquids fractionation facilities.
  • Specific project involvements include, but are not limited to, legal advice and consultation on the following: New Source Review (NSR) (including Prevention of Significant Deterioration and/or Non-Attainment NSR) and/or Title V Permitting under the Clean Air Act and related state statutes/regulations; National Environmental Policy Act (NEPA) matters involved with both Federal Energy Regulatory Commission (FERC) pipeline construction projects, including pursuit of Department of State Presidential Permits for international boundary crossings; wetlands and waterways permitting under the CWA and related regulations, including federal Nationwide Permits; endangered species permitting, compliance and consultation under federal and state endangered species acts and regulations; and cultural resource compliance under the National Historic Preservation Act (NHPA) and related consultations between federal, state and tribal authorities.
  • Successfully litigated and/or mediated complex hazardous waste, compliance and wetlands matters before state and federal courts under CERCLA, RCRA, CAA, CWA, state analogues and common law causes of action.
  • Defend state and federal enforcement actions related to hazardous materials or waste compliance under the CERCLA, RCRA and management of related sites under state law for releases into air, soil and water.
  • Lead outside counsel to corporations on various regulatory compliance issues, including service as counsel to a Fortune 500 manufacturer, and one of the largest banking institutions in the United States.
  • Project and compliance counsel on a variety of environmental issues for one of the nation’s largest natural gas utility companies.
  • Assist environmental legal due diligence in support of corporate equity and debt issuances, mergers and acquisitions, real estate and asset transactions, and the drafting and review of environmental related matters in corporate financial filings, including Forms 10-K and 10-Q.

Memberships

  • ABA, Section of Energy and Environment
  • Boston Bar Association
  • Oklahoma Bar Association
  • Tulsa County Bar Association
  • American Petroleum Institute (API), Methane Task Force
  • Gas Processors Association (Environmental Committee)
  • Interstate Natural Gas Association of America (ESH Committee)

Awards & Recognition

  • Selected as a Rising Star for Environmental Law, Boston Super Lawyers magazine, 2009-2011. A description of the selection methodology can be found on Super Lawyers’ webpage.

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