David Topping is an environmental lawyer serving clients nationwide in three key practice areas: transactional support, regulatory compliance and litigation. David’s transactional experience includes providing due diligence and drafting opinion memoranda on permitting and environmental issues in support of major client divestitures, acquisitions and financing transactions, including of industrial and marine facilities. He regularly handles environmental real estate due diligence matters related to Phase I and Phase II environmental site assessments, CERCLA and state liability defenses, and issues regarding the lease and purchase of contaminated properties. David also routinely advises clients on contractual matters, including environmental indemnity issues, representations and warranties, and disclosure requirements.
As part of his regulatory practice, David regularly assists industry clients with permitting issues, including regulatory compliance and reporting, the defense, negotiation and resolution of enforcement actions and remediation of contaminated properties. He has also advised clients on a wide range of environmental matters, including issues related to the CAA, CWA, CERCLA, RCRA, SDWA, CZMA, OPA and their state equivalents.
On the litigation side, he has represented clients in actions involving the Environmental Protection Agency, state regulatory agencies and nongovernmental organizations, including defenses of or challenges to permitting decisions and rulemaking with regional and nationwide implications. He also has experience in environmental litigation arising from toxic tort, legacy litigation, coastal erosion and business-related claims.
David’s practice serves a range of industries, including: