In his more than 20 years of practice, David Roth has advised on virtually all aspects of environmental law impacting energy clients. Leveraging his experience in multiple areas, including negotiating shared-permit indemnification agreements, evaluating permitting requirements for co-generation facilities, and assessing potential environmental issues related to site selection, he brings a collaborative, business-sensitive approach to the environmental issues facing energy companies. His effective, problem-solving efforts have been recognized by The Best Lawyers in America® (“Lawyer of the Year” in 2014 for Litigation-Environmental, Birmingham), Mid-South Super Lawyers, the American Bar Association (past chair of the Environmental Committee of the Business Law Section), and by his appointment to the Alabama Department of Environmental Management (ADEM) Air Toxics Committee and his participation as a member of the ASTM E1527-05 (Phase I) Task Force. He also writes and speaks frequently on energy and environmental law (see more here).
David believes his early career as a lawyer prepared him to provide effective, commonsense guidance. He spends as much time on plant floors as he does talking with company management. He has handled environmental matters across the country—from California to New Jersey, from Wisconsin to New Mexico. He has advised banks on environmental issues related to foreclosures, drafted waste disposal agreements, reviewed environmental representations and warranties, taken contaminated sites through brownfield programs, negotiated consent decrees with federal and state regulatory agencies, and helped prepare Title V permit applications.
David also has significant experience representing corporations and individuals in environmental criminal cases. From 2004 through 2006, he was part of a team that defended a company in a six-week trial in connection with alleged criminal Clean Water Act violations. Following a government verdict, the case was appealed to the Eleventh Circuit, which reversed the convictions. Then, from 2007 through 2009, he helped represent an individual defendant in a closely watched case in federal court in Missoula, Montana. At the time, the government described the case as the largest environmental criminal case in U.S. history. After more than 10 weeks of presenting evidence, the government admitted it could not make a case against David’s client, and the case was dismissed with prejudice.