David has particular expertise in small- and large-scale inland and waterfront development.  This work includes establishing the project team and then coordinating land use approvals, State Environmental Quality Review Act and City Environmental Quality Review compliance (EAS, EAF, Negative Declaration and EIS preparation) and environmental remediation under the New York State Brownfield Cleanup Program and New York City E-Designation programs.  Related to this work David often quarterbacks pre-purchase due diligence investigations and assists in contract drafting.

David has in depth experience in emergency oil and chemical spill response and remediation.  This work includes representing many owners of properties in the tri-state area with chemical, fuel oil and gasoline spills and related litigation.

David has unparalleled experience in satisfying E-Designations, dating back to 2000 when he worked with the New York City Department of Environmental Protection to develop the program.  Over the last 14 years, David has successfully shepherded scores of projects with hazardous materials, air quality and noise designations to completion all over New York City.

A significant part of David’s practice has been devoted to representing municipalities, water districts and school districts in claims for injunctive relief and cost recovery against polluters of soil and drinking water.

Over the last decade, David has also represented a number prominent landowners  in defending high-profile mold, lead, asbestos and chemical contamination issues in new and existing multiple dwellings.

David has represented clients under the New York City Zoning Resolution, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act, Clean Air Act, Resource Conservation and Recovery Act, Occupational Safety and Health Act and the state and local corollaries, as well as the New York State Tidal Wetlands Act, Protection of Waters Act, Coastal Erosion Hazard Areas Act and Navigation Law.

In addition to representing clients in court, David has appeared before the United States Environmental Protection Agency, United States Army Corps of Engineers, the United States Occupational Safety and Health Agency, New York State Department of Environmental Conservation, New York State Department of State, New York State Petroleum Spill Compensation Fund, New York City Office of Environmental Remediation, New York City Department of Environmental Protection New York City Department of Sanitation, New York City Department of Buildings and New York City Environmental Control Board.

Recognitions
  • Super Lawyer for Environmental Law, 2010-2013
Publications
  • David has written and lectured on environmental pre-purchase due diligence investigations, the development of age-restricted housing, hazardous substance remediation, cost recovery litigation and mold remediation.
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