David Arthur Terry

David maintains a robust federal, state, and administrative litigation and regulatory practice in the environmental and natural resources arena.

David is an experienced litigator with a deep understanding of regulatory compliance related to all forms of environmental media over diverse industry sectors. He is skilled in all phases of litigation, including discovery, taking and defending depositions, drafting and arguing motions, and court appearances.

Prior to joining Hunton, David served as Assistant Attorney General in the Office of the Attorney General (OAG) of Texas in the Environmental Protection Division. He represented state environmental and natural resources agencies in state and federal court and counseled various branches of the Texas government on environmental law and litigation issues.

David also served as a Staff Attorney within the Litigation Division of the Texas Commission on Environmental Quality (TCEQ). He represented TCEQ before the State Office of Administrative Hearings in enforcement actions regarding violations of federal and state environmental laws and regulations, resolving more than 90 TCEQ enforcement actions pertaining to environmental media including air, water, waste, and wastewater.
His time and accomplishments as a former regulator within OAG and TCEQ provide him with a perspective on compliance and permitting counseling that he shares with and relies on in advocating for his clients.

Relevant Experience

• Represented the TCEQ, Texas Parks and Wildlife Department (TPWD), and General Land Office (GLO) in enforcement lawsuits and natural resource damage assessment (NRDA) actions.
• Managed a complex docket of 20+ enforcement cases involving all types of environmental media.
• Served on the litigation team against a Global 500 vehicle manufacturing company (and its affiliated entities) sued for tampering with diesel vehicle emissions controls across the State of Texas. The eight-year litigation resulted in an $85 million settlement in favor of Texas. Deposed the Global 500 vehicle manufacturing company’s General Counsel and participated in other noteworthy depositions.
• Served on OAG’s PFAS litigation team as part of a large multi-state NRDA action against major chemical manufacturers related to the manufacturing and release of PFAS. Worked closely with other state attorney general offices in developing a case management plan and potential strategies for resolution.
• Served as lead counsel in a civil enforcement action against a major refinery for emissions events occurring at its facility. The matter settled for $2.6 million in civil penalties and attorney’s fees.
• Served as lead counsel for the State of Texas in an NRDA action related to a barge spill. The matter settled for $15.3 million to be used by federal and state trustee agencies to restore and rehabilitate the natural resources damaged by the spill.
• Served as lead counsel in civil enforcement actions against a bulk storage terminal and a refinery for unauthorized emissions from the defendants’ facilities that occurred during Hurricane Harvey. Both entities asserted an “Act of God” affirmative defense. Obtained favorable settlements for civil penalties in both matters to the client-agency’s satisfaction.