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    David Topping photograph

    David J. Topping

    Partner

    Dallas/Fort Worth
    New Orleans
    504-584-9362
    david.topping@phelps.com
    Areas Of Focus
    EnvironmentalBusinessRegulatory

    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, EPCRA, 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:

    • Petrochemical
    • Transportation
    • Marine
    • Banking and real estate
    • Power generation and transportation
    • Higher education

    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:

    • Petrochemical
    • Transportation
    • Marine
    • Banking and real estate
    • Power generation and transportation
    • Higher education

    Experience

    Transactional and Project Development

    • Advised a prominent technology company in the development of its over $30 billion data center and supporting facilities in Louisiana, acting as lead outside counsel on environmental diligence, permitting and other matters.
    • Conducted environmental due diligence of Louisiana enforcement and permitting matters and drafted opinion memorandum in support of client’s multibillion-dollar limited-stake acquisition in liquefied natural gas terminal and related facilities.
    • Advised multinational plastics, chemicals and refining company as local environmental and regulatory counsel in its $2 billion acquisition of certain Louisiana assets, including creation of joint venture with myriad complicated permitting issues.
    • Advised major energy infrastructure company as local environmental counsel in its $3.5 billion limited stake investment in a Louisiana liquefied natural gas project, pipeline and supporting facilities.
    • Advised leading energy provider as local environmental counsel in its $1.2 billion sale of assets to private equity firm, involving around 12,000 miles of main pipeline in Louisiana and Mississippi.
    • Directed environmental counsel to support private equity group’s acquisition and divestiture of industrial companies nationwide, including chemical manufacturer with facilities in Texas and Alabama, petrochemical services provider and related facility in Texas, and others.
    • Led environmental diligence, assessed local and federal permitting issues and rendered lender opinion letter to support major infrastructure developer’s build of a $750 million, 700-megawatt natural gas generating station in Louisiana.
    • Acted as lead environmental counsel to support international company’s greenfield development of auto parts and other manufacturing processes facilities in Louisiana, which included managing environmental diligence and overseeing permitting process, site investigation and remediation.
    • Serves as lead environmental counsel for Fortune 500 auto auction company’s acquisition of facilities in more than 30 states, including numerous brownfield and distressed properties. Leads environmental diligence, advises on permitting and land use matters, and counsels on applicable liability defenses, incentive programs and other issues.
    • Leads environmental counsel to support private equity group’s acquisition of six chemical distribution facilities across five states, including Texas, Tennessee, Kentucky, Arkansas and Oklahoma, after leading the acquisition of two chemical facilities in Texas and one in Alabama.
    • Led environmental diligence, assessed local and federal permitting issues and rendered lender opinion letter to secure $250 million in financing for development of major solar facility in Louisiana.
    • Led environmental counsel for the largest privately owned and operated shipbuilder in the United States to close equity acquisition of major Mississippi shipbuilders and related shipyard facilities and acquisition of leading fabricator’s shipyard division, with facilities in Louisiana.
    • Directed environmental counsel on early-stage greenfield development of biomass-fueled energy facility with carbon capture technology.
    • Led environmental counsel for company specializing in vessel assisting and docking in its acquisition by one of the largest marine transportation companies in the United States.
    • Led environmental due diligence and regulatory analysis and advised major homebuilder on proposed conversion of former golf course with documented contamination issues and corresponding work plan into more than 400 homes in Florida.  
    • Performed due diligence, assessed natural resources issues and advised client as local environmental and regulatory counsel in its limited-stake acquisition of hydroelectric power facility in Louisiana.
    • Led environmental counsel for private equity group’s acquisition of lumbermill facilities in Oklahoma, Mississippi and Virginia.
    • Conducted environmental due diligence to support $56 million acquisition of eight industrial facilities across Iowa, Ohio, Pennsylvania, Indiana, New York and Montana, including some with known or suspected contamination.
    • Led environmental due diligence to support client’s acquisition of 17 retail convenience stores owned and operated in Arizona.
    • Performed assessment of facility enforcement history and operations, as well as applicable federal and local regulations, and advised multinational company on risks related to potential divestiture of industrial facility and research center in Louisiana and Virginia.
    • Conducted environmental due diligence, commissioned and oversaw site assessments and advised client on liability defenses related to bankruptcy acquisition of uncompleted industrial facility with known past contamination in Louisiana.
    • Advised national deal counsel on Louisiana representations and warranties and conducted environmental due diligence related to proposed refinance of major natural gas power facility in Louisiana.
    • Conducted environmental due diligence and advised client on lease obligations and liability defenses to support proposed $15 million acquisition of a storage and shipping terminal in Louisiana.
    • Conducted environmental due diligence and advised client on liability defenses to support acquisition of marine terminal operator with facilities in Florida.
    • Assisted in environmental due diligence and drafting of opinion letter to international lender to support $800 million construction and term financing related to construction of multibillion-dollar methanol facility in Louisiana.

    Regulatory

    • Regularly represent industrial facilities, marine companies, railroads and other entities facing potential compliance orders and civil penalties from EPA and state regulatory authorities for alleged permit and/or regulatory violations, including responding to warning letters, notices of potential penalty or penalty, and compliance orders and providing defense, negotiation and resolution of enforcement actions.
    • Regularly represent and defend clients in CERCLA Superfund and mini-Superfund actions, including responding to EPA Section 104(e) letters, negotiating ASAOCs and SOWs, overseeing site investigation and remediation work, and handling allocation issues amongst PRPs, including disputes and litigation.
    • Oversee investigation and remediation of multimedia site contamination at numerous sites, including engaging and overseeing consultant work, regulatory reporting, the development of site investigation and remediation plans, and ultimate implementation of remedial measures.
    • Regularly advise clients regarding a wide range of permitting issues, including with regard to Title V air permitting, NPDES and wastewater permitting, Clean Water Act permitting issues, including Section 404 issues, National Historic Preservation Act, and many others.
    • Oversee facility self-audits for industrial clients in numerous states, including Texas, Louisiana, Arkansas, Iowa, Mississippi, Ohio and others. Work includes engaging and overseeing consultants to perform audits, tailoring scope and advising on privilege and related procedures, and overseeing related corrective actions and regulatory reporting.
    • Advised multiple clients on state and federal developments in PFAS regulation and PFAS reporting obligations, including developments regarding CERLCA, TSCA, TRI reporting and other issues. Further assisted clients in conducting privileged internal PFAS risk evaluations, including evaluation of historic operations.
    • Regularly represent clients regarding RCRA hazardous waste issues, including regulatory compliance and reporting and overseeing disposal of large quantities of hazardous waste.
    • Regularly monitor state and federal rulemaking, advise clients regarding changes, and draft and submit comments to state and federal regulators on behalf of clients, including comments to state and federal construction general permits and multisector industrial permits, EPA rulemaking related to creosote-treated railroad ties, Waters of the United States and other CWA rulemaking, EPA’s proposed Regional Haze Rule, and others.
    • Perform annual analysis of assets, permits and regulatory changes and issue opinion letters regarding compliance with asset retirement accounting obligations on behalf of publicly traded manufacturer with facilities nationwide.
    • Advised natural gas energy producer on impacts of EPA disapproval of Louisiana SIP on operations and current permitting. Assisted in analyzing BACT requirements for new emissions source and obtaining minor modification to Title V permit.
    • Advised gas storage operator on plugging and abandonment of Class III well after mechanical integrity failure and rights against former operators. Assisted in obtaining approval for alternative post-closure monitoring plan.
    • Advised pipeline operator regarding U.S. Army Corps of Engineers project development under Water Rights Development Act and assisted in planning and preparation for removal/relocation of underwater pipelines.
    • Represented major steel manufacturer in Clean Air Act action against EPA in District Court for the District of Columbia to compel agency action.
    • Represented major steel manufacturer in an administrative action seeking review of Title V permit issued by the Arkansas Department of Environmental Quality under the Clean Air Act.
    • Acted as lead environmental counsel to support international company’s greenfield development of auto parts and other manufacturing processes facilities in Louisiana, which included managing environmental diligence and overseeing permitting process, site investigation and remediation.
    • Serves as lead environmental counsel for Fortune 500 auto auction company’s acquisition of facilities in more than 30 states, including numerous brownfield and distressed properties. Leads environmental diligence, advises on permitting and land use matters, and counsels on applicable liability defenses, incentive programs and other issues.
    • Leads environmental counsel to support private equity group’s acquisition of six chemical distribution facilities across five states, including Texas, Tennessee, Kentucky, Arkansas and Oklahoma, after leading the acquisition of two chemical facilities in Texas and one in Alabama.
    • Led environmental diligence, assessed local and federal permitting issues and rendered lender opinion letter to secure $250 million in financing for development of major solar facility in Louisiana.
    • Led environmental counsel for the largest privately owned and operated shipbuilder in the United States to close equity acquisition of major Mississippi shipbuilders and related shipyard facilities and acquisition of leading fabricator’s shipyard division, with facilities in Louisiana.
    • Directed environmental counsel on early-stage greenfield development of biomass-fueled energy facility with carbon capture technology.
    • Led environmental counsel for company specializing in vessel assisting and docking in its acquisition by one of the largest marine transportation companies in the United States.
    • Led environmental due diligence and regulatory analysis and advised major homebuilder on proposed conversion of former golf course with documented contamination issues and corresponding work plan into more than 400 homes in Florida.  
    • Performed due diligence, assessed natural resources issues and advised client as local environmental and regulatory counsel in its limited-stake acquisition of hydroelectric power facility in Louisiana.
    • Led environmental counsel for private equity group’s acquisition of lumbermill facilities in Oklahoma, Mississippi and Virginia.
    • Conducted environmental due diligence to support $56 million acquisition of eight industrial facilities across Iowa, Ohio, Pennsylvania, Indiana, New York and Montana, including some with known or suspected contamination.
    • Led environmental due diligence to support client’s acquisition of 17 retail convenience stores owned and operated in Arizona.
    • Performed assessment of facility enforcement history and operations, as well as applicable federal and local regulations, and advised multinational company on risks related to potential divestiture of industrial facility and research center in Louisiana and Virginia.
    • Conducted environmental due diligence, commissioned and oversaw site assessments and advised client on liability defenses related to bankruptcy acquisition of uncompleted industrial facility with known past contamination in Louisiana.
    • Advised national deal counsel on Louisiana representations and warranties and conducted environmental due diligence related to proposed refinance of major natural gas power facility in Louisiana.
    • Conducted environmental due diligence and advised client on lease obligations and liability defenses to support proposed $15 million acquisition of a storage and shipping terminal in Louisiana.
    • Conducted environmental due diligence and advised client on liability defenses to support acquisition of marine terminal operator with facilities in Florida.
    • Assisted in environmental due diligence and drafting of opinion letter to international lender to support $800 million construction and term financing related to construction of multibillion-dollar methanol facility in Louisiana.

    Regulatory

    • Regularly represent industrial facilities, marine companies, railroads and other entities facing potential compliance orders and civil penalties from EPA and state regulatory authorities for alleged permit and/or regulatory violations, including responding to warning letters, notices of potential penalty or penalty, and compliance orders and providing defense, negotiation and resolution of enforcement actions.
    • Regularly represent and defend clients in CERCLA Superfund and mini-Superfund actions, including responding to EPA Section 104(e) letters, negotiating ASAOCs and SOWs, overseeing site investigation and remediation work, and handling allocation issues amongst PRPs, including disputes and litigation.
    • Oversee investigation and remediation of multimedia site contamination at numerous sites, including engaging and overseeing consultant work, regulatory reporting, the development of site investigation and remediation plans, and ultimate implementation of remedial measures.
    • Regularly advise clients regarding a wide range of permitting issues, including with regard to Title V air permitting, NPDES and wastewater permitting, Clean Water Act permitting issues, including Section 404 issues, National Historic Preservation Act, and many others.
    • Oversee facility self-audits for industrial clients in numerous states, including Texas, Louisiana, Arkansas, Iowa, Mississippi, Ohio and others. Work includes engaging and overseeing consultants to perform audits, tailoring scope and advising on privilege and related procedures, and overseeing related corrective actions and regulatory reporting.
    • Advised multiple clients on state and federal developments in PFAS regulation and PFAS reporting obligations, including developments regarding CERLCA, TSCA, TRI reporting and other issues. Further assisted clients in conducting privileged internal PFAS risk evaluations, including evaluation of historic operations.
    • Regularly represent clients regarding RCRA hazardous waste issues, including regulatory compliance and reporting and overseeing disposal of large quantities of hazardous waste.
    • Regularly monitor state and federal rulemaking, advise clients regarding changes, and draft and submit comments to state and federal regulators on behalf of clients, including comments to state and federal construction general permits and multisector industrial permits, EPA rulemaking related to creosote-treated railroad ties, Waters of the United States and other CWA rulemaking, EPA’s proposed Regional Haze Rule, and others.
    • Perform annual analysis of assets, permits and regulatory changes and issue opinion letters regarding compliance with asset retirement accounting obligations on behalf of publicly traded manufacturer with facilities nationwide.
    • Advised natural gas energy producer on impacts of EPA disapproval of Louisiana SIP on operations and current permitting. Assisted in analyzing BACT requirements for new emissions source and obtaining minor modification to Title V permit.
    • Advised gas storage operator on plugging and abandonment of Class III well after mechanical integrity failure and rights against former operators. Assisted in obtaining approval for alternative post-closure monitoring plan.
    • Advised pipeline operator regarding U.S. Army Corps of Engineers project development under Water Rights Development Act and assisted in planning and preparation for removal/relocation of underwater pipelines.
    • Represented major steel manufacturer in Clean Air Act action against EPA in District Court for the District of Columbia to compel agency action.
    • Represented major steel manufacturer in an administrative action seeking review of Title V permit issued by the Arkansas Department of Environmental Quality under the Clean Air Act.

    Insights

    • November 19, 2025

      Texas Gains Primacy for Class VI Carbon Capture Wells…

    • October 31, 2025

      Twenty-three Phelps Lawyers Named 2025 Top Lawyers by New Orleans Magazine…

    More +
    • October 29, 2025

      Don’t Let These Three Due Diligence Tricks Haunt Your Next Real Estate Deal…

    • October 21, 2025

      SOCMA Summit Meeting…

    • October 16, 2025

      Louisiana Freezes New Carbon Capture Applications…

    • October 6, 2025

      Phelps Represents Bisso Towboat in its Acquisition by Moran Towing …

    • September 16, 2025

      Louisiana Receives its First Class VI Carbon Capture Permit…

    • August 21, 2025

      More than 200 Phelps Lawyers Recognized in 2026 Edition of Best Lawyers…

    • June 5, 2025

      Phelps’ Chambers USA Rankings Expand to 78 Lawyers, 28 Practices in 2025 Guide…

    • April 1, 2025

      Phelps Advises Premier Equipment Corp in Acquisition by OTC Technologies…

    • February 19, 2025

      NC ACC Presents Trump Administration's Executive Actions to the North Carolina Association of Corporate Counsel …

    • January 30, 2025

      Keeping Up with Executive Orders: Energy and Environmental Policy…

    • January 28, 2025

      SOCMA Presentation: Trump Administration Executive Action Overview…

    • October 28, 2024

      SOCMA Presents Setting the Record Straight: The Court's Impact on Regulatory Decision Making
      …

    • October 23, 2024

      North Carolina Sets New Interim Standards for PFAS in Groundwater…

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • July 10, 2024

      Recent SCOTUS Decisions Bring Notable Changes to the Regulatory Powers of Federal Agencies…

    • June 6, 2024

      Chambers USA Guide 2024 Ranks 24 Phelps Practice Areas and 69 Lawyers…

    • May 17, 2024

      Louisiana’s New Voluntary Environmental Self-Audit Program: What Businesses Need to Know…

    • February 21, 2024

      Phelps Advises CenterPoint Energy as Local Counsel in $1.2 Billion Sale to Bernhard Capital Partners…

    • November 07, 2023

      SOCMA Presents Strategies for Thriving in Turbulent Times: Navigating Market Downturn, Expanding into New Markets, and Maximizing Profitability…

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    • May 30, 2023

      SCOTUS Strikes Down Key Provisions in Biden Administration’s WOTUS Rule…

    • March 31, 2023

      EPA Provides Guidance on CERCLA Enforcement Discretion Policy for Certain PFAS…

    • March 16, 2023

      Phelps Advises Kindle Energy in $750 Million Magnolia Power Station Project…

    • March 15, 2023

      Breaking: EPA Proposes Stringent Nationwide Standards for PFAS in Drinking Water…

    • November 17, 2022

      Phelps Represents Bollinger Shipyards in Acquisition of VT Halter Marine and ST Engineering Halter Marine Offshore…

    • November 15, 2022

      State of California Sues More Than 100 PFAS Manufacturers in Landmark Lawsuit…

    • August 29, 2022

      EPA’s Proposed PFAS Rule Targets “Forever Chemicals”…

    • June 24, 2022

      EPA Releases Drinking Water Health Advisories for Four Major PFAS Chemicals…

    • June 14, 2022

      North Carolina Announces PFAS Action Plan, Key Rulemaking on the Horizon…

    • May 9, 2022

      SEC’s Proposed Climate-Related Disclosure Rule Reaches Scope 3 Emissions, Comments Due June 17…

    • March 29, 2022

      UPDATE: EPA Moves to Adopt Revised Standards for Phase I Site Assessments…

    • February 23, 2022

      2022 EPA Construction General Permit Clears Up Some Rules and Sets New Ones for Construction Operators…

    • January 19, 2022

      What Buyers and Lessees Need to Know About the New ASTM Standards for Phase I Site Assessments…

    • December 14, 2021

      Phelps Represents Southwest Convenience SPE LLC in Acquisition of Quik Mart Stores Inc.…

    • September 14, 2021

      U.S. District Court Strikes Down Trump-Era WOTUS Rule, Creating More Uncertainty…

    • August 19, 2021

      More Than Half of Phelps Lawyers Chosen for Best Lawyers in America, 12 Named "Lawyer of the Year," 40 Make “Ones to Watch” List…

    • May 3, 2021

      Comments Due May 27 on Louisiana’s Draft LPDES Multi-Sector General Stormwater Permit…

    • April 23, 2021

      Phelps Represents Bollinger Shipyards in $28.6 Million Acquisition of Gulf Island Fabrication’s Shipyard Division…

    • March 18, 2021

      Biden White House Signals Rollback of Trump Rule on Migratory Birds…

    • March 3, 2021

      EPA Proposes PFAS and Lithium Monitoring for Water Utilities…

    • February 10, 2021

      Biden White House Quickly Signals Aggressive Approach to Fossil Fuel Producers…

    • February 3, 2021

      Federal Court Freezes Trump Administration's "Secret Science" Rule…

    • January 25, 2021

      Phelps Elects Five to Partnership…

    • October 6, 2020

      Phelps Advises LyondellBasell as Louisiana Counsel in $2 Billion Acquisition of Sasol Assets…

    • August 11, 2020

      Phelps Represents Enstructure in Acquisition of Ambassador Services…

    • April 20, 2020

      OSHA Issues New Guidance in the Era of COVID-19…

    • March 27, 2020

      EPA Offers Formal Compliance Guidance for Regulated Entities…

    • March 25, 2020

      EPA, States Provide Direction on Dealing with Agency Submittals during COVID-19 Pandemic…

    Recognition

    • Chambers USA: America’s Leading Lawyers for Business - Environment (2024)
    • Environmental Law (2022), The Best Lawyers in America: Ones to Watch 
    • Environmental Law (2024-2026), The Best Lawyers in America 
    • Top Lawyers: Environmental law, New Orleans Magazine (2025)
    • Chambers USA: America’s Leading Lawyers for Business - Environment (2024)
    • Environmental Law (2022), The Best Lawyers in America: Ones to Watch 
    • Environmental Law (2024-2026), The Best Lawyers in America 
    • Top Lawyers: Environmental law, New Orleans Magazine (2025)

    Education

    • Emory University School of Law, J.D., 2012
    • Tulane University, magna cum laude, 2009
    • Emory University School of Law, J.D., 2012
    • Tulane University, magna cum laude, 2009

    Credentials

    • Louisiana
    • Texas
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Eastern District of Louisiana
    • U.S. District Court, Middle District of Louisiana
    • U.S. District Court, Western District of Louisiana
    • U.S. District Court, Western District of Louisiana
    • U.S. District Court, Southern District of Texas
    • Louisiana
    • Texas
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Eastern District of Louisiana
    • U.S. District Court, Middle District of Louisiana
    • U.S. District Court, Western District of Louisiana
    • U.S. District Court, Western District of Louisiana
    • U.S. District Court, Southern District of Texas

    Memberships and Affiliations

    • American Bar Association, Section of Environment, Energy and Resources
    • Louisiana State Bar Association, Environmental Law Section
    • Texas Bar Association, Environmental and Natural Resources Law Section
    • Air and Waste Management Association
    • Society of Chemical Manufacturers and Affiliates
    • American Bar Association, Section of Environment, Energy and Resources
    • Louisiana State Bar Association, Environmental Law Section
    • Texas Bar Association, Environmental and Natural Resources Law Section
    • Air and Waste Management Association
    • Society of Chemical Manufacturers and Affiliates
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

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