Photo of David J. Topping

David Topping is an environmental attorney serving clients in three key practice areas: litigation, regulatory compliance and transactional support. On the litigation side, he has represented clients in actions involving the Environmental Protection Agency and the Louisiana Department of Environmental Quality as well as other state regulatory agencies and NGOs, 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.

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David Topping is an environmental attorney serving clients in three key practice areas: litigation, regulatory compliance and transactional support. On the litigation side, he has represented clients in actions involving the Environmental Protection Agency and the Louisiana Department of Environmental Quality as well as other state regulatory agencies and NGOs, 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.

As part of his regulatory practice, David regularly assists industry clients with permitting issues, including regulatory compliance and reporting, and the defense, negotiation and resolution of enforcement actions. He has also advised clients on a wide range of environmental matters, including issues related to the CAA, CWA, RCRA, CERCLA, and others and their state equivalents.

David’s transactional experience includes providing due diligence on permitting and environmental issues in support of major client acquisitions and financing transactions. He has also offered counseling on matters related to Phase I and Phase II ESAs, CERCLA defenses, contractual arrangements and indemnity issues, and issues regarding the lease and purchase of contaminated properties.

Experience

  • Representation of multiple clients facing potential penalties from state regulatory authorities for alleged permit violations, including providing responses to NOPPs and defense, negotiation and resolution of enforcement actions.
  • Representation of major steel manufacturer in Clean Air Act action against Environmental Protection Agency in District Court for the District of Columbia to compel Agency action.
  • Representation of major steel manufacturer in an administrative action seeking review of a PSD/Title V permit issued by the Arkansas Department of Environmental Quality under the Clean Air Act.
  • Defense of oil and gas exploration and production companies in connection with “legacy” suits alleging contamination from operations.
  • Defense of oil and gas exploration and production company in litigation alleging operations contributed to coastal land loss.
  • Environmental due diligence in support of $56M client acquisition of eight industrial facilities across six states.
  • Environmental due diligence in support of proposed $15M client acquisition of storage and shipping terminal.
  • Environmental due diligence in support of $800M construction and term financing related to construction of multibillion-dollar methanol facility in Louisiana.
  • Advise client regarding compliance with Louisiana regulations pertaining to management and disposal of solid waste.

Memberships & Affiliations

  • American Bar Association - Section of Environment, Energy and Resources
  • Louisiana State Bar Association

Education

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

Admissions

  • Louisiana
  • 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
  • Representation of multiple clients facing potential penalties from state regulatory authorities for alleged permit violations, including providing responses to NOPPs and defense, negotiation and resolution of enforcement actions.
  • Representation of major steel manufacturer in Clean Air Act action against Environmental Protection Agency in District Court for the District of Columbia to compel Agency action.
  • Representation of major steel manufacturer in an administrative action seeking review of a PSD/Title V permit issued by the Arkansas Department of Environmental Quality under the Clean Air Act.
  • Defense of oil and gas exploration and production companies in connection with “legacy” suits alleging contamination from operations.
  • Defense of oil and gas exploration and production company in litigation alleging operations contributed to coastal land loss.
  • Environmental due diligence in support of $56M client acquisition of eight industrial facilities across six states.
  • Environmental due diligence in support of proposed $15M client acquisition of storage and shipping terminal.
  • Environmental due diligence in support of $800M construction and term financing related to construction of multibillion-dollar methanol facility in Louisiana.
  • Advise client regarding compliance with Louisiana regulations pertaining to management and disposal of solid waste.
  • American Bar Association - Section of Environment, Energy and Resources
  • Louisiana State Bar Association