David has more than 35 years of experience in administrative and environmental law, specializing in environmental, occupational health and safety, transportation, product safety, and pesticide matters. Regularly rated by Chambers USA as one of Washington, DC’s “Leading Lawyers” in his field, David is commended for maintaining his “position as a leader in occupational health and safety, transportation, product safety, electronics and battery issues, and pesticide regulation” (2011) and highly praised by “clients, who say: ‘It is hard to imagine a lawyer who knows the issues better’” (2013). Commended in Chambers for possessing “a phenomenal level of experience” and providing “excellent analysis and strategic advice” (2010) while remaining “highly accessible” (2013), clients tell Chambers that he “knows all the players and precedents and what they need to do to be successful” (2012). He also has been listed for over a dozen years in The Best Lawyers in America, rated by the Euromoney Legal Media Group as one of the world’s leading environmental lawyers and named one of “America’s top 20 environmental lawyers” by the Guide to the World’s Leading Environment Lawyers.
- Successfully represented both claimants and respondents in numerous Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) data compensation negotiations and arbitrations. Represents a broad range of companies, task forces, and coalitions before the U.S. Environmental Protection Agency (EPA), state agencies (including California and Arizona), and in the courts in connection with registration, water pollution, the Endangered Species Act (ESA), and other issues.
- Represents manufacturers, retailers, and original equipment manufacturer (OEM) users of batteries, computers, televisions, and other electronics in legislative matters at the federal, state, and municipal levels and rulemaking proceedings and enforcement matters before the EPA, the Occupational Safety and Health Administration (OSHA), the Consumer Product Safety Commission (CPSC), the U.S. Department of Transportation (DOT), and state and international bodies relating to recycling, product stewardship and safety, pollution regulation, occupational health, waste management, and transportation safety.
- Experienced in Clean Air Act (CAA) matters, including National Ambient Air Quality Standards (NAAQS) and ozone depleter rulemakings, enforcement action defense, and appellate litigation. Active on policy matters relating to climate change and greenhouse gas regulation.
- Negotiated the first settlement of a governmental Superfund suit more than 25 years ago (United States v. Inmont Corp.) and has since litigated and negotiated similar matters in two dozen states. These included representation of the owners of the Bunker Hill lead smelter in Idaho and the RSR smelter in Dallas, TX and generators at many chemical disposal sites.
- Deeply involved in developing significant portions of the Federal Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ("Superfund"); California's 2005 pesticide registration law (A.B. 1011); and such specialized legislation as the Battery Management Act and three dozen states' battery and electronic products recycling legislation.
- Litigates pollution, ESA, Proposition 65, and environmental enforcement cases around the nation.
- Provides strategic counsel on environmental, product stewardship, and safety issues to companies around the world.
- Professorial Lecturer in Law (Environmental Law), The George Washington University Law School (2012)
- Senior Partner, boutique law firm specializing in environmental law and chemical issues (1986-1998)
- Senior Assistant to the Director, The White House, Office of Presidential Personnel (1979-1980)
- Fellow, Institute for Public Interest Representation (1973-1974)
- American Bar Association (ABA)
- District of Columbia Bar, Pro Bono Committee (2002-2004)
- Listed by Chambers USA as one of "America's Leading Lawyers for Business" in Environment (2007-2019)
- Included in the International Who's Who of Environment Lawyers (2007-2008, 2011) and the International Who's Who of Business Lawyers (2005-2006, 2008-2011)
- Included in Euromoney's The US Best of the Best 2006 directory
- Named one of "America's top 20 environment lawyers" by Legal Media Group's Expert Guides: Guide to the World's Leading Environment Lawyers (2005)
- Included in The Best Lawyers in America directory for more than a dozen years
- Named one of DC's "Super Lawyers" for Environmental by Super Lawyers magazine (2013-2018)
- AV Peer Review Rating, Martindale-Hubbell's highest ranking by peers for general ethical standards and legal ability
LL.M., Georgetown University Law Center
J.D., University of Pennsylvania Law School
A.B., Yale University
Bar and Court Memberships
- District of Columbia Bar
- Supreme Court of the United States
- U.S. Courts of Appeals for the Ninth and District of Columbia Circuits
- U.S. District Court for the District of Columbia
- District of Columbia Court of Appeals
- Superior Court of the District of Columbia
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