Representative Matters

Dave's experience includes:

  • Represented a major international transportation company in successfully challenging the issuance of a stop-work order and civil penalties for alleged fire code and hazardous materials handling violations. Based on our appeal of the underlying order, the government decided not to pursue any penalties related to the alleged violations. 

  • Serving as outside counsel to a major international transportation company, advising on federal and state air quality compliance, permitting, enforcement, and climate change matters.
  • Representing multiple parties in preparing defenses to contribution, cost recovery, and natural resource damages claims at Superfund sediment sites, including cases involving a regional electric utility, a U.S. affiliate of a major steel manufacturer, and a national paper and packaging manufacturer.
  • For multiple clients, regularly supporting corporate transactions that involve or implicate environmental issues and providing advice on the allocation of environmental risks and assisting in the development of new environmental audit and risk assessment techniques.
  • Representing multiple parties in citizen suit actions under the CWA, including suits brought against a Washington municipal sewer district and against a plastic film manufacturer.
  • Representing the nation’s largest producer of building materials made from polystyrene (EPS) insulating foam, including responding to Section 114 information requests and notices of violations under the CAA, petitioning for Title V permit variances, and challenging a draft Title V permit issued by regional air authority.
  • Representing an EPA remedial action construction contractor in defending claims by a property owner for contribution for costs of conducting EPA emergency removal action at pesticide-contaminated hop farm.
  • Representing one of the Northwest’s leading utilities on multiple manufactured gas plant remediation/cleanup sites, including at Superfund sediment sites.
  • Representing a leather manufacturer in a CERCLA/Oregon hazardous substance statute lawsuit, and ODEQ consent judgment proceedings concerning a former tannery.
  • Representing owner of a wood treatment facility in defense of claims by EPA for recovery of costs incurred by EPA in performing time-critical emergency removal action.