Works with lenders, sellers and buyers to resolve environmental liabilities in transactions.
Evaluates environmental conditions, including hazardous materials, radon, mold, asbestos and polychlorinated biphenyls (PCBs), for commercial and multifamily residential lenders and sits on the ASTM International Committee that formulates the due diligence standard.
Provides regulatory counseling, including compliance training.
Defends enforcement actions and litigates cost recovery and allocation of responsibility for environmental cleanups.
Head of the environment and natural resources section and member of the regulatory practice steering committee.

David advises lenders, sellers and buyers on evaluating the environmental liabilities associated with commercial, multifamily and industrial transactions. He develops solutions that are cost-effective and realistic for clients (whether lenders, buyers or sellers) relative to the value of the property or portfolio. David solves problems so that clients can cost-effectively and beneficially use their assets. He has established a strong profile in this space, having developed an environmental due diligence model for use in the foreclosure of commercial properties.

David works closely with clients and other firm practitioners to anticipate changes to the environmental regulatory landscape and assists clients in complying with those changes. He manages the defense of enforcement actions, having done so most recently in the Clean Air Act and Toxic Substances Control Act (TSCA) contexts. David also resolves, through mutually agreeable settlements where possible and litigation where necessary, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) cost recovery and allocation suits.

David’s environmental experience also extends more broadly to the environmental matters involved in financial restructurings, enforcement litigation and lobbying/legislative development.

Representative Work

Counseled companies ranging from used-oil recyclers to major gasoline distribution companies with respect to the requirements governing the storage and disposal of hazardous materials, as well as the remediation of their release. Also advised specialty chemical companies concerning treatment, storage and disposal issues under the Resource Conservation and Recovery Act and state analogs. Additionally, counseled private and public entities with respect to cost recovery actions under the CERCLA.
Counseled commercial real estate and multifamily residential loan servicers with respect to compliance with environmental due diligence standards and “off-standard” items including asbestos, lead-based paint, radon and mold. Managed the remediation of these and other hazardous materials.
Advises clients on policy issues associated with the Clean Air Act’s emission regulations and ozone depletion provisions, global climate change and issues related to the public supply of drinking water and the public funding of water treatment and infrastructure projects. Provides representation before members of Congress, the Environmental Protection Agency (EPA), the Department of Energy, the Department of the Interior and the Department of Defense.
Negotiated with the EPA on behalf of a global asset management firm that owned the debt in a metalworking company that was facing bankruptcy. The client wished to purchase property so that the metalworking company could continue to operate, but it faced significant environmental liability. Negotiated with the EPA, the state, insurers, predecessors and neighbors—a total of nine parties—to resolve the liabilities to allow the transaction to move forward with little risk to the company.

"David is outstanding. His technical understanding of the law is very strong and he has broad expertise."

Chambers USA, 2021

Education
J.D., Harvard Law School, 1998
B.S., Cornell University, with distinction, 1995

Bar Admissions
District of Columbia
New Jersey
New York

Recognitions

The Legal 500 US, Environment: Transactional, 2023.
Chambers USA, Environment: Mainly Transactional, 2020-2021, 2023-2024.
Martindale-Hubbell, BV-Distinguished.
Law360, Rising Star.

Affiliations and Public Service

Appointed to serve two three-year terms on the Cornell University College of Agriculture and Life Sciences Advisory Council (2016-2021).
Appointed to Cornell University Council (2021).
Past board member, Interfaith Families Project of Greater Washington, D.C.

Speeches and Publications

Speaker, "U.S. and EU Fluoropolymers Regulations: 2024 Update," Webinar, INFOXGFL Group, October 23, 2024.
Speaker, "Distressed Asset Due Diligence: A Toolkit," Webinar, Partner Engineering & Science, Inc., January 24, 2024.
“Navigating Lender Liability for Environmental Cleanup and Remediation Costs,” Strafford Webinar, February 15, 2022.
“Just Good Business: Protecting Against Environmental Liability, Government Response and Enforcement Actions, and Congressional Investigations,” CLE Master Class, Dallas, Texas, May 15, 2019.
“Environmental Law 101: Managing Environmental Compliance and Liabilities at Universities,” Akin webinar, December 5, 2017.
“A Health-y Environment: Avoiding Environmental Liability at Health Care Facilities,” Akin webinar, September 8, 2017.
“Environmental Due Diligence,” SIGMA Maintenance & Share Group, May 14, 2014.