David K. Brown

David has advised clients on such environmental laws as the Clean Air Act (CAA), the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and the National Environmental Policy Act (NEPA), as well as state environmental statutes and implementing regulations. He also advises clients regarding appropriate and effective responses to government mandates aimed at limiting climate-changing emissions from all sectors, ranging from energy to chemicals to transportation to manufacturing to agriculture.

David has been at the forefront of some of the most prominent environmental litigation and regulatory investigations and enforcement actions in the country, including those related to the Aliso Canyon natural gas leak and the Red Hill Bulk Fuel Storage Facility fuel releases and underground storage tank closure process. David also counsels clients concerning emerging regulatory enforcement priorities, such as business operations associated with the sale of products that have the potential to impact air emissions.

He is well versed in developing strategies for responding to and interacting with federal, state, and local regulators, including working with technical experts on complex environmental and regulatory issues such as remediation of contaminated sites, groundwater modeling, contaminant fate and transport, vapor intrusion, emissions quantification, toxicological studies, failure analysis, risk assessments, and natural resource valuation.

With experience at several Superfund sites, David has represented companies in disputes with regulators regarding remedy implementation, multiparty litigations to address cleanup liability, and cost-allocation mediation processes. David also has experience assisting clients with seeking legislative changes to existing environmental laws and commenting on proposed environmental regulations.

• An electrical device manufacturer and landowner in connection with groundwater contamination at the San Gabriel Valley Superfund Site in California
• An energy infrastructure company in litigation and regulatory matters arising from a leak at a natural gas storage well
• A water utility regarding threats to underground sources of drinking water from potential contaminating activities
• Various clients in addressing historical soil and groundwater contamination with state and local agencies as well as disputes with subsequent owners and operators of the impacted properties
• Various clients in administrative enforcement actions brought by the US Environmental Protection Agency and California Air Resources Board under greenhouse gas emissions regulations and consumer products regulations
• Various clients in administrative permitting proceedings before California air quality management districts under air pollution control laws
• Various clients in administrative enforcement actions brought by California regional water quality control boards under the Porter-Cologne Water Quality Control Act
• An automobile dealer support company in a property contamination lawsuit related to the former South Dayton Dump and Landfill in Ohio
• Chemical and materials technology companies in a stormwater citizen suits brought under the Clean Water Act
• Former aeronautical products manufacturer in a multiparty toxic tort lawsuit
• An oil and gas company in a multimillion-dollar property contamination case
• A chemical company and former landowner in connection with sediment contamination at the Lower Duwamish Waterway Superfund site in Washington
• A group of waste generators investigating and remediating the closed Ascon Landfill in California
• An industrial company and landowner in connection with sediment contamination at the Portland Harbor Superfund Site in Oregon
• A municipal water district in a rate validation lawsuit, which included claims under the California Water Code and allegations of breach of contract and fiduciary duty