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- Syracuse University College of Law
, J.D., 1981
- St. Lawrence University
, B.S., 1976
David B. Van Slyke is Chair of Preti Flaherty's Environmental Practice Group and Co-Chair of the Climate Strategy Group. A nationally recognized environmental lawyer with a distinguished career at the U.S. Environmental Protection Agency (EPA) in Washington, D.C., he joined Preti Flaherty in 1991. David is a Partner in the Portland office and a former member of the firm's Management Committee. He is an active participant in all aspects of the firm's environmental practice, including compliance counseling, environmental audits, defense of enforcement actions, project permitting, due diligence in business and lending transactions and environmental risk management.
EPA EXPERIENCE
David represented the EPA at the negotiating table and participated at the highest levels of the agency's compliance and policymaking efforts. He now offers clients a unique, insider's view of Federal environmental law based on his extensive EPA experiences:
- As Acting Associate Enforcement Counsel for Superfund and, prior to that, as Deputy Associate Enforcement Counsel for Hazardous Waste, he managed the nationwide implementation of the EPA's civil judicial enforcement programs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) and the Resource Conservation and Recovery Act (RCRA).
- As an EPA Section Chief responsible for the development and prosecution of civil hazardous waste cases under CERCLA and RCRA, David gained extensive litigation experience in discovery, motion practice, trial preparation and settlement negotiations.
- As Chair of the CERCLA Lender Liability Rule Task Force, he supervised the promulgation of the agency's first prospective purchaser guidance and approved the initial brownfields-type settlements under that policy. Since joining Preti Flaherty, he has been instrumental in the passage of Maine legislation creating liability protections for lenders and establishing Maine's brownfield VRAP program.
- As the EPA's lead headquarters attorney litigating the precedent-setting U.S. v. Conservation Chemical Superfund cleanup case, involving more than 200 defendants and third-party defendants, David pushed the case to a successful conclusion. The case was one of the first to be litigated under Superfund.
- His awards while at the EPA included the Department of Justice Commendation for Outstanding Service in 1991; the Assistant Administrator's Enforcement Award for Excellence in 1990; a Silver Medal in 1990; two Bronze Medals; and Superior Performance and Outstanding Achievement Awards in 1984, 1985, 1986, 1987, 1988 and 1989.
Prior to joining the EPA, David was a legal policy analyst for Booz-Allen and Hamilton, Inc., in Washington, D.C., where he helped develop policy on civil judicial and administrative enforcement for the EPA's hazardous waste programs. He also worked for Environmental Research and Technology in Washington as a legislative and policy analyst, focusing on legislative initiatives under the Clean Air Act and Clean Water Act.
PROFESSIONAL MEMBERSHIPS
- Member, Cumberland County, Maine State and American Bar Associations
- Member, Maine State Bar Association's Section on Natural Resources and Environmental Law
- Member, American Bar Association's section on Environment, Energy and Natural Resources
PROFESSIONAL AWARDS
- Listed in Woodward-White's 2008 edition of The Best Lawyers in America
- Recognized in the Chambers USA Guide to America's Leading Business Lawyers
- Rated AV by Martindale-Hubbell
- Listed by New England "Super Lawyers"
- Inducted as a Fellow in the American College of Environmental Lawyers
- Has lectured extensively on Superfund, due diligence and hazardous waste issues
- State law editor for BNA's Environmental Due Diligence Guide
Admissions
District of Columbia; U.S. District Court, District of Columbia; Maine; U.S. District Court, District of Maine; U.S. Court of Appeals, First Circuit
Representative Matters
Two decades of investigation, monitoring and remediation failed to address certain historic groundwater contamination at an active major industrial facility formerly owned by our client. David led the environmental team in crafting an innovative solution to compensate the State for... read more >>
Two decades of investigation, monitoring and remediation failed to address certain historic groundwater contamination at an active major industrial facility formerly owned by our client. David led the environmental team in crafting an innovative solution to compensate the State for the environmental impact and brought the lengthy process to a close through a natural resource damage settlement. After the value of the impacted resource was determined, alternative natural resources of comparable value were identified. Through a first-of-its-kind set of agreements involving our client, the State, the current owner and a well-established environmental organization, the environmental group purchased the alternative resources for public use (funded by grants from our client) and the matter reached a global settlement.
While in private practice, David has had significant involvement in Superfund and RCRA matters at over 100 sites across the country. His efforts have ranged from leading PRP Groups, to negotiating consent decrees regarding NPL sites, to litigating cases in various U.S. District Courts and... read more >>
While in private practice, David has had significant involvement in Superfund and RCRA matters at over 100 sites across the country. His efforts have ranged from leading PRP Groups, to negotiating consent decrees regarding NPL sites, to litigating cases in various U.S. District Courts and the First Circuit Court of Appeals, to representing creditors and debtors on environmental matters in U.S. Bankruptcy Courts.
David serves as lead environmental counsel to Calais LNG, a project that will bring a liquefied natural gas (LNG) regasification terminal and accompanying send-out pipeline to Downeast read more >>
David serves as lead environmental counsel to Calais LNG, a project that will bring a liquefied natural gas (LNG) regasification terminal and accompanying send-out pipeline to Downeast Maine. The project requires complex consultation processes and permitting efforts involving numerous federal and state agencies, including FERC, DOI, USCG, Army Corps, Maine DEP, Maine State Planning Office, as well as local governments.
Leading a team of Preti Flaherty environmental attorneys, David managed the organization and packaging of all environmental and health/safety aspects of a large manufacturing business (including permitting and compliance histories, historical contamination, clean-up requirements and... read more >>
Leading a team of Preti Flaherty environmental attorneys, David managed the organization and packaging of all environmental and health/safety aspects of a large manufacturing business (including permitting and compliance histories, historical contamination, clean-up requirements and interactions with former owners and regulators) prior to auction sale. The sale was ultimately consummated in a significant nine figure transaction.
David is lead counsel to a major third-party defendant in U.S. District Court litigation involving an uncontrolled hazardous substance site with an estimated $20-30M remedy. The litigation has involved two different lawsuits, one of which went through a 12-day liability and allocation... read more >>
David is lead counsel to a major third-party defendant in U.S. District Court litigation involving an uncontrolled hazardous substance site with an estimated $20-30M remedy. The litigation has involved two different lawsuits, one of which went through a 12-day liability and allocation trial. Other aspects of the case were pursued through appeals to the First Circuit Court of Appeals.
Van Slyke, David, Dave
David B. Van Slyke is a Partner in the Portland, ME office and serves as Chair of the firm's Environmental Practice Group and Co-Chair of the Climate Strategy Group.