David A. Rockman

Overview

David Rockman helps clients to manage environmental compliance and environmental risks and to understand and meet their legal obligations with respect to federal, state, and local environmental laws, regulations, and permits. David also defends clients facing enforcement actions, represents clients involved in environmental litigation, and provides representation with respect to environmental issues in the purchase and sale of businesses and property.

David has experience with all of the major environmental programs governing air, water, waste, and land issues, across a broad spectrum of industries and activities. Environmental compliance requires attention to the broad range of statutory and regulatory requirements, as well as negotiation of appropriate permit requirements, and accounting for government guidance and policies. Managing compliance risks involves attention to government agency inspections, information requests, and violation notices, as well as strategic use of auditing and environmental management systems. Even the best-intentioned and managed companies can find themselves the target of government enforcement or citizen suit litigation. Such situations require an unflinching assessment of the validity of the charges, an evaluation of available defenses, and a strategy that balances litigation, liability, and penalty risks.

David believes that an effective environmental compliance approach requires not only interaction with external elements such as government enforcement agencies and the public, but also with internal stakeholders at both the management and operational levels to help ensure understanding and appreciation of environmental obligations, opportunities, and consequences. A comprehensive approach to environmental management requires attention not only to today’s concerns but recognition of new and emerging issues and development of strategies to adapt and adjust. David helps clients manage developing issues from PFAS and PFOA to climate resiliency and sustainability.

Environmental concerns must also be managed in the purchase and sale of properties and businesses. Strategic due diligence, with the context of the deal, is necessary for both buyers and sellers. David has experience advising both small and large businesses in the transactional context. Environmental legal issues often have significant scientific and technical components. David is experienced in retaining and working with environmental engineering consultants, expert witnesses, and auditors, in order to provide the best guidance to clients on the range of issues that they face.

Representative Matters

Air:

• Provided counseling to a major manufacturing facility in connection with the revision and updating of Prevention of Significant Deterioration (PSD) permit limits.
• Helped numerous clients evaluate the potential applicability of New Source Review requirements.
• Defended government and citizen suit actions for alleged violations of Clean Air Act requirements on behalf of industrial and commercial clients.
• Participated in detailed compliance auditing of all Clean Air Act compliance requirements for a large manufacturing facility.
• Assisted several manufacturing, material handling, and energy sector clients evaluate and challenge source aggregation determinations.
• Assisted multiple clients in the negotiation of Title V permit conditions and in the development of Title V compliance certifications and deviation reports.
• Helped several manufacturing facilities determine major source status under the Title V and Maximum Achievable Control Technology Standards (MACT) air programs.
• Represented a manufacturing client in a court challenge to U.S. EPA MACT standard, and successfully obtained revisions to the standard.
• Assisted multiple clients in responding to Clean Air Act Section 114 information requests.
• Assisted clients in evaluating compliance requirements under Pennsylvania Department of Environmental Protection (DEP) regulations targeting the oil and natural gas sector.
• Assisted manufacturing and retail sector clients address indoor air and vapor intrusion issues.

Water and Drinking Water:

• Counseled drinking water authorities in connection with PFAS sampling and in litigation to prevent potential harmful impacts to its drinking water supply.
• Successfully defended a large manufacturing facility in a Clean Water Act citizen suit.
• Negotiation and implementation of a complex federal consent decree for a facility with significant water discharge violations.
• Helped several manufacturing clients negotiate and appeal National Pollutant Discharge Elimination System (NPDES) permits and win changes to proposed permit limits.
• Provided counseling to manufacturing client related to assessment of appropriate analytic methods for measuring wastewater compliance.
• Assisted clients in commenting on proposed Pennsylvania DEP regulations.
• Assisted energy sector clients in evaluating compliance obligations under existing and evolving Pennsylvania DEP regulations.

Waste Management:

• Helped several very large manufacturing facilities conduct Resource Conservation and Recovery Act (RCRA) corrective action investigation and remediation.
• Routinely provides counseling to clients regarding the application of hazardous and solid waste regulations to ongoing and contemplated future activities, including compliance with hazardous waste generator requirements.
• Performed detailed analysis of hazardous waste applicability and exclusion regulations for industrial processes.
  Assisted client manage response and compliance activities for a U.S. EPA RCRA order requiring emergency measures to protect wildlife from exposure to solid wastes

Cost Recovery Litigation and Brownfields:

• Defended numerous environmental cost recovery actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and analogous state laws for recovery of investigation and cleanup costs.
• Assisted clients manage activities under Pennsylvania Act 2 and similar state program voluntary cleanup/brownfields programs.
• Defeated CERCLA cost recovery action by property owner adjacent to former industrial facility, avoiding any imposition of remediation costs on the client.
• Negotiated Consent Orders and Decrees with federal and state regulatory agencies for the conduct of site investigation and remediation projects.
• Responded to agency information requests and notices of intent to sue with evidence and defenses sufficient to deter agency from litigation or assertion of further claims.
• Prosecuted cost recovery claims against parties responsible for the contamination of clients’ properties.
• Evaluated and addressed National Contingency Plan (NCP) compliance on behalf of both plaintiffs and defendants.
• Guided several clients through various large multi-party cleanup projects, including negotiations with regulatory agencies and PRP groups.
• Helped clients negotiate and maintain compliance with environmental covenants and deed restrictions.
• Assisted clients with community relations and public outreach programs associated with contaminated properties and remediation projects..

EPCRA:

• Assisted numerous clients evaluate compliance and application of Tier II and Toxics Release Inventory (TRI) reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA).

Due Diligence, Transactional and Financing:

• Provided counseling to multiple clients in connection with the purchase of real estate, including the applicability of the All Appropriate Inquiries defense, the use of Phase I and Phase II environmental site assessments, and the negotiation of purchase and sale terms and conditions and indemnities.
• Assisted clients evaluate the compliance and liability risks associated with the purchase of manufacturing facilities and equipment.
• Represented numerous clients in negotiation of lease terms pertaining to environmental issues and hazardous substance use and handling.
• Negotiation of environmental terms and conditions for financing and refinancing of loans.
• Counseled clients with respect to asbestos management obligations and development of asbestos management plans.
• Assisted several clients manage indemnity rights in connection with the purchase of manufacturing facilities with a history of contamination.

Auditing and Self Disclosure:

• Represented clients in multi-facility and multi-jurisdictional audits under the US EPA voluntary audit self-disclosure program for Clean Air Act and Toxics Reduction Inventory compliance.
• Assisted numerous clients conduct self-audits and voluntary disclosures for single facility audits under the Emergency Planning and Community Right to Know Act.

Spotlight:

Spotlight on. . . David Rockman