Key Experience

  • Works with lenders, sellers and buyers on environmental liabilities in transactions.
  • Sits on the ASTM International Committee that formulates the due diligence standard.
  • Provides regulatory counseling, including compliance training.
  • Defends enforcement actions and litigates cost recovery and allocation of responsibility for environmental cleanups.
  • Head of the environment and natural resources section and member of the regulatory practice steering committee.

Practice

David Quigley advises lenders, sellers and buyers on evaluating the environmental liabilities associated with commercial, multifamily and industrial transactions. He develops solutions that are cost-effective and realistic in terms of the role of client as lender and the value of the property or portfolio. David solves problems so that clients can return assets to beneficial use. He has established a strong profile in this space, having developed an environmental due diligence model for use in the foreclosure of commercial properties. More generally, David has handled due diligence in connection with acquisitions totaling more than $1 billion in assets.

Representative Work

  • Has extensively litigated complex lawsuits under the Clean Air Act’s New Source Review provisions, managing the associated discovery, including arguing motions in federal court. In the course of these cases, developed fair notice and health effects defenses. At both deposition and trial, took and defended testimony related to these defenses.
  • Focuses on issues arising under the solid and hazardous waste regulations. Counsels companies ranging from used-oil recyclers to major gasoline distribution companies with respect to the requirements governing the storage and disposal of hazardous materials, as well as the remediation of their release. Also advises specialty chemical companies concerning treatment, storage and disposal issues under the Resource Conservation and Recovery Act and state analogs. Additionally, counsels private and public entities with respect to cost recovery actions under the CERCLA.
  • Advises clients on policy issues associated with the Clean Air Act’s emission regulations and ozone depletion provisions, global climate change, and issues related to the public supply of drinking water and the public funding of water treatment and infrastructure projects. Provides representation before members of Congress, the Environmental Protection Agency (EPA), the Department of Energy, the Department of the Interior and the Department of Defense.
  • Negotiated with the EPA on behalf of a global asset management firm that owned the debt in a metalworking company that was facing bankruptcy. The client wished to purchase property so that the metalworking company could continue to operate, but it faced significant environmental liability. Negotiated with the EPA, the state, insurers, predecessors and neighbors—a total of nine parties—to resolve the liabilities to allow the transaction to move forward with little risk to the company.

Speeches

Public Service and Affiliations

Recognition