David M. Loring

David is an experienced regulatory and compliance attorney, having spent more than 15 years representing electric generation, biofuels, manufacturing and large industrial clients on a variety of federal, state and administrative litigation and regulatory matters. He has significant experience and technical expertise working with environmental modelers and engineers to help clients navigate the complexities of the Clean Air Act affecting stationary and mobile sources, and compliance with New Source Review (NSR) and Title V permitting and National Ambient Air Quality Standards (NAAQS). This work has included:

• Representing multiple large electric generation and metallurgical clients before federal and state agencies to demonstrate compliance with NAAQS
• Representing ethanol producers through Clean Air Act compliance and permitting issues, including responding to Clean Air Act investigations and enforcement actions
• Assisting mobile sources, both automobile and trucking companies, respond to investigations and and enforcement associated with the Environmental Protection Agency’s (EPA) after-market defeat device enforcement initiative
• Assist in the evaluation, investigation, and permitting of carbon sequestration for electric generation and ethanol clients
• Assisted in negotiations between a municipality and a landfill operator for the development and permitting of a renewable natural gas facility
• Negotiation of a multi-facility Clean Air Act NSR settlement agreement between an electric generating utility and the United States
• Defense of an NSR enforcement action brought by the United States against an electric generating utility
• Representation of an electric generating utility’s petition for a facility-specific multi-pollutant rulemaking before the Illinois Pollution Control Board
• Responding to EPA investigations under Section 114 of the Clean Air Act on behalf of multiple electric generating utilities
• Represented municipalities impacted by the release of ethylene oxide in the investigation and negotiation of the health and environmental impacts on private citizens

In addition to drafting and negotiating environmental provisions and overseeing environmental due diligence in corporate transactions, David has counseled clients on numerous environmental compliance matters, including:

• Compliance with NSR settlement agreement provisions
• National Pollutant Discharge Elimination System (NPDES) permitting
• Hazardous materials transportation compliance issues at large industrial facilities
• Emergency Planning and Community Right to Know Act (EPCRA) compliance
• Remediation of contaminated former manufactured gas plant sites
• Voluntary site remediations under state and federal cleanup programs, including the federal Superfund and Superfund Alternative Sites programs