Legal Update – Regulation and Litigation Developments in EPA Region 10 By Emerson Hilton, David Weber, and Gus Winkes The Riddell Williams Environmental Practice Group closely tracks developments … read more
David is the Chair of the Environmental Practice Group. His practice is focused on environmental, energy and natural resources law.
He assists clients with permitting, compliance, and regulatory matters under federal and state laws, including the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA) and National and State Environmental Policy Acts. He also represents clients in a wide variety of environmental litigation matters, including CERCLA and state Superfund actions and multiparty allocation proceedings; natural resource damage claims; government enforcement actions; and citizen suits. Additionally, he assists clients with corporate and real estate transactions, due diligence investigations, audits, environmental management systems and climate change issues.
- Counsel to major U.S. airline, advising on federal and state air quality compliance and climate change matters. Representation has included defense of administrative enforcement proceedings brought under regional air quality regulations; negotiating settlements involving notices of violations; defense of citizen suit brought under the CAA; providing advice regarding Title V permitting obligations; compliance with emissions credits trading program; facility environmental compliance management system implementation; and submitting comments on proposed air quality regulations.
- Represent regional electric utility in preparing defense to contribution, cost recovery and natural resource damages claims at Superfund sediment site.
- Represent U.S. affiliate of major steel manufacturer in preparing defense to contribution, cost recovery and natural resource damages claims at Superfund sediment site.
- Represented a major producer of kraft paper packaging, advising on RCRA compliance and waste management matters.
- Represented a leather manufacturer in a CERCLA/Oregon hazardous substance act lawsuit, and ODEQ consent judgment proceedings concerning a former tannery.
- Represented the nation’s largest producer of building materials made from polystyrene (EPS) insulating foam. Representation included responding to Section 114 information requests and notices of violations under the CAA; petitioning for Title V operating permit variances; and challenging draft Title V permit issued by regional air authority.
- Represented a Washington municipal sewer district in defense of citizen suit under the CWA.
- Represented plastic film manufacturer in defense of citizen suit under the CWA.
- Represented an EPA remedial action construction contractor in defending claims by property owner for contribution for costs of conducting EPA emergency removal action at pesticide-contaminated hop farm.
- Represented owner of wood treatment facility in defense of claims by EPA for recovery of costs incurred by EPA in performing time-critical emergency removal action.
Co-Author of “Riddell Williams Environmental Team Helps Secure Washington Supreme Court Victory” (January 2017) (PDF)
Author of “Ninth Circuit Upholds Air Permit for Biomass Project” (September 2016) (PDF)
Co-Author of “U.S. District Courts in Oregon and Washington Allow Indian Tribes to Recover Oversight and Enforcement Costs Under CERCLA” (August 2016) (PDF)
Co-Author of “Scope of CERCLA ‘Arranger’ Liability Significantly Narrowed” (July 2016) (PDF)
Co-Author of “Air Quality Updates in EPA Region 10 (Pacific Northwest)” (April 2016) (PDF)
Co-Author of “Federal Court Finds Broad Clean Water Act Liability for Unpermitted Industrial Stormwater Discharges,” (December 2015) (PDF)
Co-Author of “Clean Power Plan Litigation Is Underway … But How Much Will It Matter?” (November 2015) (PDF)
Co-Author of “Enforcement Actions: Civil Penalties and Ability-to-Pay Claims” (July 2015) (PDF)
Co-Author of “Court Upholds Permit for Biomass Cogeneration Project” (March 2014) (PDF)
Co-Author of “State DOT Liable Under CERCLA For Storm Water Runoff: Ruling Affirms Arranger Liability For Storm Water Contamination,” ABA’s Superfund and Natural Resource Damages Litigation Committee Newsletter, Vol. 6, No. 1, at pgs. 10-11 (November 2010)
“EPA Issues National Greenhouse Gas Standards on Autos. Despite legal uncertainty, EPA’s action sets in motion imminent regulation on broad sectors of the economy, apart from any legislation Congress may enact” (April 2010) (PDF)
Co-Author of “Supreme Court’s Burlington Northern Decision Considers the Scope of Liability under CERCLA,” Washington State Bar Association Environmental & Land Use Law Newsletter, Vol. 36, No. 2 (August 2009)
Co-Author of “Will State ‘NEPA’ Laws Survive Federal Climate Change Regulation?” Washington Legal Foundation (September 2007)
David has been designated a Washington Rising Star®
As an undergrad, David was a member of the University of Oregon football program, where he was a three-time selection to both the GTE Academic All-America All-District® Football Team and the PAC-10 All-Academic Football Team.
David is an active member of the ABA Section of Environment, Energy, and Resources, and recently served as a Vice-Chair of the Environmental Litigation and Toxic Torts Committee. He has represented Washington State CASA, the Pike Market Medical Clinic, and KCBA’s Legal Services for the Homeless Program on a pro bono basis.
David received his B.S., in both Journalism and Political Science, from the University of Oregon, and his J.D. from the University of Oregon School of Law. In law school, he was an Associate Editor of the Oregon Law Review.
David C. Weber's NEWS, EVENTS, AND PUBLICATIONS
Riddell Williams attorney David Weber is quoted in an article recently published by Bloomberg BNA’s Daily Environment Report, “EPA Emissions Permit Decision Could Mean Cleaner Fuel Options.” The … read more
U.S. District Courts in Oregon and Washington Allow Indian Tribes to Recover Oversight and Enforcement Costs Under CERCLA
Two recent federal court decisions have expanded the range of costs that Indian tribes may recover from potentially responsible parties (PRPs) under the Comprehensive Environmental Response, Compensation, and … read more
Airborne discharges of hazardous substances do not give rise to liability under CERCLA, according to a new ruling issued by the Ninth Circuit. See Pakootas v. Teck Cominco … read more
Washington Revisions to Startup, Shutdown, and Malfunction Regulations On July 22, 2015, the Washington Department of Ecology (Ecology) announced that it would amend its General Regulations for Air … read more
Federal Court Finds Broad Clean Water Act Liability for Unpermitted Industrial Stormwater Discharges
Key Takeaways Unpermitted stormwater discharges “associated with industrial activity” are broadly defined, independent Clean Water Act violations that give rise to citizen suit liability. Manufacturing and industrial facilities … read more
The floodgates of litigation over EPA’s Clean Power Plan – one of the most controversial environmental regulations in years – are open wide. States and industries most affected … read more
Businesses and other entities may seek to reduce civil penalties in EPA administrative enforcement actions by making an ability-to-pay (ATP) claim. EPA recently issued new guidance for assessing … read more
Last week, Washington state legislators introduced Governor Jay Inslee’s $1 billion plan to regulate carbon emissions from 130 industrial facilities, fuel distributors, and electricity importers. While current political … read more
The Washington Supreme Court unanimously upheld the Department of Ecology’s determination that the Port Townsend Paper Corporation’s proposed forest biomass cogeneration project would not result in significant environmental … read more
Washington’s MTCA – No Intent Required. Court affirms judgment against DOT for arranging the disposal of contaminated groundwater into the Thea Foss Waterway
In 1986, during construction of a highway in Tacoma, Washington, the Washington State DOT installed a drainage pipe to help stabilize the road bed. It turned out that … read more
Municipal Discharger of Stormwater Runoff Liable under CERCLA: Ruling affirms arranger liability for stormwater contamination
June 9, 2010 Newsletter (PDF). Each year billions of gallons of municipal stormwater runoff are discharged to the Nation’s waters. Those discharges often contain significant loadings of key … read more