David Roth has a diverse practice that includes banking and financial services, as well as environmental and energy law. Since joining the firm almost 25 years ago, his practice and experiences have expanded to include a wide variety of corporate, litigation, financial services, and environmental matters. He has closed asset purchases, conducted corporate due diligence, and served as de facto general counsel for a manufacturing company. He has met with company presidents, maintenance supervisors, and CFOs to learn how they run their businesses. All of this has helped him better understand the full range of pressures businesses face and the importance of ensuring that legal solutions actually work on a practical level.
Today, David’s practice focuses on environmental law and financial services law, and he has been recognized by The Best Lawyers in America® for Environmental Law and Mortgage Banking Foreclosure Law. He pursues both areas of practice with vigor, and periodically he has the opportunity to draw upon both practice areas when he advises financial services clients on managing and mitigating environmental risk.
American Bar Foundation, Fellow Listed in Chambers USA, Environment, 2018-2022 Listed in The Best Lawyers in America® Environmental Law, 2010-2022 Litigation – Environmental, 2011-2022 Mortgage Banking Foreclosure Law, 2016-2022 "Lawyer of the Year," Birmingham, Environmental Law, 2014, 2020 Listed in Mid-South Super Lawyers, Environmental, 2016-2017 Listed in Alabama Super Lawyers Environmental, 2012-2015 United States v. Charles Barry Robison, 505 F.3d 1208 (11th Cir. 2007) Member of defense team that obtained reversal of all convictions in the Eleventh Circuit and order of acquittal on the sole false statement count in the indictment. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Matters Represented owners, operators and generators at both single-party and multi-party CERCLA sites. Clean Water Act Enforcement Matters Represented numerous clients in negotiating consent decrees related to alleged violations of the Clean Water Act. Some of these matters also involved litigation of related citizen suits. Development and Implementation of Customer Communication Strategy Represented chemical manufacturer in all communications with customers regarding chemical content of product. Environmental Issues in Bank Branch Acquisitions Represented bank on environmental issues related to branch acquisitions throughout the United States. Also advised a bank in connection with the sale of approximately 100 branch locations. Negotiation of Waste Disposal Agreements Represented publicly traded, global chemical company in negotiating hazardous and solid waste disposal/transportation agreements throughout the United States. Product Stewardship Issues Worked with client in connection with development of product stewardship guidance manual on Hydrogen Fluoride (HF) by the HF Panel of the American Chemistry Council. Resource Conservation and Recovery Act (RCRA) Enforcement Matter Advised plating company in negotiating consent decree with state regulatory agency in connection with alleged violations of RCRA. Sale of Multistate Convenience Store Operations Represented convenience store operator in sale of operations including 100+ properties and registered underground storage tanks. United States v. W.R. Grace, et al., (D. Mont. 2009) Represented former president of the Construction Products Division of W.R. Grace who, with seven other defendants, was indicted on conspiracy to defraud the United States and violate the Clean Air Act. After we filed our Motion for Judgment of Acquittal, the prosecution concluded that there was insufficient evidence against the client for the case to go to the jury. On the government’s motion, a dismissal of the indictment with prejudice was granted. Marshall County Commission v. ADEM, EMC Docket No. 02-03 County commission filed administrative challenge to re-issuance of landfill permit. We advised permittee that intervened in matter and attempted to support Alabama Department of Environmental Management’s decision to renew permit. Pensacola Gulf Coastkeepers, Inc. v. ADEM, EMC Docket No. 02-07 Represented client as intervenor in challenge to issuance of National Pollutant Discharge Elimination System (NPDES) permit by ADEM. Sierra Club v. Norton, 313 F.Supp.2d 1291(S.D.AL 2004) Represented developer in defending Fish and Wildlife Service's (FWS) delay of decision to respond to petition for amending critical habitat of three closely related endangered subspecies as discretionary, resulting in dismissal of case. United States v. McWane Represented client in connection with environmental criminal case that was tried to verdict in federal district court in Alabama. Following conviction, worked on appeal to Eleventh Circuit that resulted in complete reversal of convictions. Matter was ultimately settled. Environmental Advice in Connection With Strategic Business Transactions Advised client on all permitting and environmental matters related to acquisition of coal mine in Alabama. Included appearance before Alabama Surface Mining Commission. Environmental Advice in Connection With Strategic Business Transactions Advised client on permitting matters in connection with acquisition of multi-facility ready-mix company. Environmental Advice in Connection With Strategic Business Transactions Coordinated due diligence in connection with acquisition of paper mill. Environmental Advice in Connection With Strategic Business Transactions Represented client in connection with environmental and air permitting related to acquisition of steam facility. Environmental Advice in Connection With Strategic Business Transactions Advised national convenience store operator on environmental issues in connection with acquisition of new stores. Environmental Advice in Connection With Strategic Business Transactions Advised automobile supplier in connection with potential purchase of contaminated property in Montgomery, Alabama. Environmental Advice in Connection With Strategic Business Transactions Conducted environmental due diligence and advised client in connection with purchase of medical facility. Environmental Advice in Connection With Strategic Business Transactions Advised client on environmental issues related to acquisition of three above-ground storage tank facilities in Alabama. Environmental Advice in Connection With Strategic Business Transactions Advised hospital on environmental issues related to acquisition of property in New Mexico. Environmental Advice in Connection With Strategic Business Transactions Was lead environmental lawyer on multisystem, multistate hospital acquisition. Environmental Advice in Connection With Strategic Business Transactions Led environmental review team in connection with sale of 100+ commercial sites and negotiation of corresponding environmental remediation agreements. Environmental Advice in Connection With Strategic Business Transactions Advised hospital on environmental issues related to acquisition of hospital in West Virginia. Environmental Advice in Connection With Strategic Business Transactions Provided environmental counsel in connection with lease of surgery center in California. Environmental Criminal Defense Advised client responding to Department of Justice subpoena in connection with environmental criminal investigation. Environmental Remediation/Brownfields Advised client/lessee in connection with remediation of spilled dry-cleaning products in Texas and in related negotiations with property owner. Environmental Remediation/Brownfields Helped client to bring pesticide-contaminated property through Alabama brownfield program. Environmental Remediation/Brownfields Represented company in taking acquired property through Georgia brownfield program. Environmental Risk Management Through Environmental Insurance Assisted client in obtaining environmental insurance policy with aggregate limit of $100 million. Lender Representation Advised client on environmental remediation related to contamination issues arising from Texas property. Ongoing Environmental Business Advice Helped client to develop and implement communication strategy related to chemicals under consideration for regulation by EPA. Ongoing Environmental Business Advice Provided full range of local environmental counsel (including permitting, compliance, and dealing with local governments) to landfill company. Ongoing Environmental Business Advice Was sole environmental lawyer for national low-income housing developer. Responsible for review of all environmental reports related to projects. Ongoing Environmental Business Advice Represented client working with industry group to develop industry-specific NPDES permit in Alabama. Proposed permit was ultimately approved by Alabama Environmental Management Commission. Permitting Related to Economic Development Activities Assisted client with permitting related to construction of independent power facility located in Alabama (including water use issues). Permitting Related to Economic Development Activities Assisted client with permitting related to construction of independent power facility located in Alabama. Regulatory Compliance Issues Worked with client in developing protocols related to mercury-containing waste. Regulatory Compliance Issues Advised client in connection with EPA enforcement matter regarding ammonia spill. Regulatory Compliance Issues Assisted client in reporting discharges related to pollutant discharges in connection with NPDES permit. Regulatory Compliance Issues Helped client in analyzing regulations applicable to hazardous waste contaminated shop rag disposal. Regulatory Compliance Issues Advised construction client in connection with notice of violation of Clean Air Act related to demolition activities. Regulatory Compliance Issues Represented surface mining client in connection with NPDES permit matters. Regulatory Compliance Issues Advised client in negotiation of agreement with wetland mitigation bank. Regulatory Compliance Issues Represented client in resolution of air permitting matters related to operation of Georgia facility. Regulatory Compliance Issues Worked with client on submission of Title V permit application in Alabama. Regulatory Compliance Issues Counseled client in responding to EPA CERCLA information request related to historic dry-cleaning operations. Regulatory Compliance Issues Advised Tennessee hospital on regulatory provisions applicable to medical/hazardous waste disposal. Regulatory Compliance Issues Advised client on Clean Air Act leak repair required practices and associated reporting and recordkeeping requirements. Regulatory Compliance Issues Helped client determine Tier III reporting obligations under Emergency Planning and Community Right-to-Know Act (EPCRA). Regulatory Compliance Issues Advised client in connection with EPCRA reporting matter. Regulatory Compliance Issues Assisted client in air permitting matters, including questions related to mobile source rules. Representation of Lenders in Connection With Environmental Issues Represented foreclosing lender in evaluating environmental risks related to properties in states across the country (e.g., New Jersey, New Mexico and California). Representation of Lenders in Connection With Environmental Issues Advised bank in connection with foreclosure of property with documented release from underground storage tank. Representation of Lenders in Connection With Environmental Issues Advised bank in connection with foreclosure of contaminated property in southern Alabama. Representation of Lenders in Connection With Environmental Issues Advised bank in connection with environmental issues related to tract of land in Michigan. Underground Storage Tank Compliance and Remediation Advised client on remediating contamination related to orphan underground storage tank discovered during site redevelopment. US EPA CERCLA (Superfund) Investigation Assisted oil and gas client in response to U.S. EPA CERCLA (Superfund) investigation relating to historic community-wide contamination. Representation of clients in CERCLA (Superfund) Investigation Representation of two clients in a CERCLA (Superfund) investigation, including multiple responses to Section 104(e) investigation letters, involving the Chemetco Superfund Site (the Chemico Metals Corporation facility), which operated as a secondary copper smelting facility on 41 acres of land near Hartford, Illinois.