David joined Sive, Paget & Riesel in 1990 and his practice has focused on environmental and land use matters. David has particular expertise in large- scale waterfront development, State Environmental Quality Review Act and City Environmental Quality Review compliance, New York City E-Designations and Restrictive Declarations, mold litigation, complex landlord tenant disputes, tidal wetland permitting, environmental insurance, hazardous materials and petroleum emergencies, pre-purchase due diligence investigations, hazardous substance, lead, asbestos, petroleum (gas and oil) and mold remediation, cost recovery litigation and regulatory compliance auditing.
David has recently been engaged to represent landlords in high profile mold litigation and related insurance claim coordination, manage environmental issues (soil, groundwater, vapor, asbestos, lead) in new multiple dwelling construction and renovations; shepard three large waterfront projects in New York City through the environmental and land use review processes ( including the preparation of EISs), manage approximately 60 projects through the New York City E-Designation process for hazardous materials and noise attenuation, represent water suppliers in claims for injunctive relief and cost recovery against polluters , represent parties to complex landlord tenant disputes (involving mold, asbestos and lead) and secure a beneficial use determination for the reuse of soil excavated from Ground Zero.
David has represented clients under the New York City Zoning Resolution, Clean Water Act, Superfund, Clean Air Act, Resource Conservation and Recovery Act, Occupational Safety and Health Act, Coastal Erosion Hazard Act and the state and local corollaries, including the New York State Tidal Wetlands Act, Protection of Waters Act, and Navigation Law.
In addition to representing clients in court, David has appeared before the United States Environmental Protect Agency (EPA), United States Army Corps of Engineers (USACOE), the United States Occupational Safety and Health Agency (OSHA), New York State Department of Environmental Conservation (DEC), New York City Department of Environmental Protection (NYCDEP), New York State Department of State (DOS), New York State Petroleum Spill Compensation Fund (Spill Fund), New York City Department of Sanitation (NYCDOS), New York City Department of Buildings (NYCDOB) and New York City Environmental Control Board (NYCECB).
Areas of Practice:
Environmental Law and Litigation
Development and Land Use
Complex Landlord Tenant Disputes
Publications and Lectures
David has written and lectured on environmental pre-purchase
due diligence investigations, the development of age
restricted housing, hazardous substance remediation
and related cost recovery litigation, and mold remediation.
- Hofstra University School of Law (J.D. 1991, magna
- Rockefeller College, State University at Albany
(B.A. 1987, magna cum laude)