Representative Matters

  • David has had significant involvement at more than 100 Superfund and RCRA 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 was part of the team selected by the Cooperating Parties Group to perform an allocation relative to the Lower Passaic River Study Area CERCLA site (dioxins, mercury, PCBs and other contaminants of concern).
  • David was lead environmental counsel to Calais LNG, a project that sought to bring a $1B liquefied natural gas (LNG) regasification terminal and accompanying send-out pipeline to Downeast Maine. The project required complex consultation processes and permitting efforts under the Clean Water Act, the Coastal Zone Management Act and various state statutes involving numerous federal and state agencies, including FERC, DOI, USCG, Army Corps, Maine DEP and the 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 wastewater and air 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 co-lead counsel in the defense of a RCRA imminent and substantial endangerment citizen suit case concerning mercury contamination in Maine's tidally influenced Penobscot River. The case is currently in remedy phase, with court-appointed experts (supervised by Special Master) pursuing additional investigatory efforts prior to remedy recommendation. (Natural Resources Defense Council et al v. HoltraChem et al., USDC - Maine).
  • Co-counsel in defense of state enforcement action seeking $250 million remedy to address mercury contaminated soils, sediments and groundwater at RCRA and Maine Uncontrolled Hazardous Substances site. Two-week state administrative hearing lead to modified order requiring $100 million remedy. Case is currently under appeal. (United States Surgical and Mallinckrodt US LLC v. Maine Department of Environmental Protection, Superior Court- Maine).
  • David negotiated the settlement of a first-in-the-nation enforcement action brought by the U.S. Environmental Protection Agency concerning alleged liability of a Maine landowner under the Toxic Substances Control Act's Renovation, Repair and Painting Rule (RRP Rule). EPA's complaint sought up to $225,000, but the alleged liability (relating to scraping and sanding of the exterior of a pre-1978 rental housing unit) was fully resolved via consent order requiring a $10,000 penalty payable in installments over a two year period. This case presented novel evidentiary proof issues. The alleged violations were captured on video by an unknown individual and posted to YouTube. The website address for the YouTube posting was then forwarded to the EPA. While the posting was subsequently removed from YouTube, EPA had interviewed the individual who posted the video but refused to disclose the identity of that person to the Respondent. In addition, the Respondent had tested the paint on the housing unit prior to doing the work, but the test result was a false negative.
  • David was co-lead counsel for the PRP Group that orchestrated the first large multi-party (4,000 PRPs) CERCLA / uncontrolled site liability risk transfer settlement in the country. (State of Maine v. United States, Settling Non-Federal Defendants et al).
  • David was lead counsel to a major third-party defendant in U.S. District Court litigation involving a manufactured gas plant site. The litigation involved two different lawsuits, one of which went through a 12-day liability and allocation trial. Other aspects of the case, including challenge to a consent decree, were pursued through the First Circuit Court of Appeals.
  • David was lead counsel to a Fortune 500 consumer products corporation wrestling with a two-decade long RCRA corrective action groundwater remediation effort at a formerly owned facility. He crafted an innovative approach to resolve the matter through a natural resource damage settlement and long-term monitoring. Through a first-of-its-kind set of agreements involving the client, the state, the current owner and a well-established environmental organization, the environmental group purchased alternative resources for public use (funded by grants from the client) and the matter reached a global settlement.