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 TheBest 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.
American Bar Foundation, Fellow Listed in Chambers USA, Environment, 2018-2022 Listed in The Best Lawyers in America® Environmental Law, 2010-2024 Litigation – Environmental, 2011-2024 Mortgage Banking Foreclosure Law, 2016-2024 Energy Law, 2024 “Lawyer of the Year,” Birmingham, Mortgage Banking Foreclosure Law, 2023 "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. 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. 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. Civil environmental litigation defense Represented municipality in defending Clean Water Act citizen suit. Drum burial and whistleblower investigation Investigated allegations of historic, illegal burial of waste-containing drums. 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 Conducted environmental due diligence in connection with proposed acquisition of 86 convenience stores (and associated underground storage tanks). 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 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 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 criminal defense Advised governmental client in connection with criminal Clean Water Act investigation. Included execution of search warrant by government agents. Environmental remediation/brownfields Helped client to bring pesticide-contaminated property through Alabama brownfield program. 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 Advised national bank on environmental issues in connection with new branch site developments. Regulatory compliance issues Assisted in negotiation of multi-facility asbestos-abatement contracts for client. Regulatory compliance issues Advised plating company in resolution of ADEM enforcement action alleging violations of RCRA. Regulatory compliance issues Represented client in negotiating settlement with ADEM related to alleged violations of the Clean Water Act. 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 Advised client in responding to CERCLA Information Request from EPA. 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 client on Clean Air Act leak repair required practices and associated reporting and recordkeeping requirements. Regulatory compliance issues Reviewed and commented on proposed Emergency Guidelines for Anhydrous Hydrogen Fluoride for client. Regulatory compliance issues Helped client determine Tier III reporting obligations under Emergency Planning and Community Right-to-Know Act (EPCRA). Regulatory compliance issues Assisted client in air permitting matters, including questions related to mobile source rules. Representation of lenders in connection with environmental issues Advised bank in connection with foreclosure of property with documented release from underground storage tank. 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. United States v. Bank of America, et al. The firm represented Ally Financial, Inc., Residential Capital, LLC, and GMAC Mortgage in the largest national joint state/federal government settlement in history. The case began with a “robo-signing” investigation and then broadened into examination of the mortgage industry. The case involved 49 state attorney generals, 48 state banking departments, the Department of Justice, the Department of Treasury, the Department of Housing and Urban Development, the Consumer Financial Protection Bureau, and the Federal Trade Commission.
