David is Chair of Preti Flaherty's Environmental 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., David joined Preti Flaherty in 1991. He 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.
David represented the EPA at the negotiating table and participated at the highest levels of the agency's compliance and policy-making 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, David 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 Chair of the CERCLA Lender Liability Rule Task Force, David supervised the development of the agency's lender liability rule and the issuance of the agency's first prospective purchaser guidance, approving the initial brownfields-type settlements under that policy. Since joining Preti Flaherty, David 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.
- David's awards while at the EPA included the Department of Justice Commendation for Outstanding Service; the Assistant Administrator's Enforcement Award for Excellence; a Silver Medal; two Bronze Medals; and numerous Superior Performance and Outstanding Achievement Awards.
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.
- Cleantech & Renewable Energy
- Climate Strategy
- Environmental Litigation
- Land Use & Permitting
- Municipal Law and Finance
- Natural Resource Damages
- Offshore & Onshore Wind Power
- Real Estate
- CERCLA Allocation
- St. Lawrence University (B.S., 1976)
- Syracuse University College of Law (J.D., 1981)
- District of Columbia
- U.S. District Court, District of Maine
- U.S. District Court, District of Columbia
- U.S. Court of Appeals, First Circuit
- Maine State Bar Association
- Member, Natural Resources and Environmental Law Section
- American Bar Association
- Member, Environment, Energy and Natural Resources Section
- Cumberland County Bar Association
Honors & Awards
- Listed in Woodward-White's The Best Lawyers in America
- Listed in Best Lawyers in America 2005-2015
- Martindale-Hubbell® AV Preeminent™ Peer Review Rating
- Listed in New England Super Lawyers
- Fellow - American College of Environmental Lawyers
- Lectures extensively on Superfund, due diligence and hazardous waste issues
- State Law Editor, BNA's Environmental Due Diligence Guide
- Maine Adaptive Sports and Recreation
- President and Chair of Board, 2014-2016
- Vice President, 2005-2010, 2012-2014
- Board Member and pro bono General Counsel, 1999-2014
- Board Governance Committee, 2007-Present
- Volunteer/Fundraiser, 1991-Present
- Royal River Conservation Trust
- Royal River Recreation Authority, Development Task Force
- Volunteer Lawyers Project
- Soccer Maine "D" License Soccer Coach
- U.S. Youth Soccer Association Certified Referee
- Leadership Maine, Mu Class, Maine Development Foundation
- Maine State Chamber of Commerce, Environmental Committee Member