David Chung

• Representing national trade associations in numerous petitions to review TSCA risk management rules and the TSCA risk evaluation framework rule.
• Counsel to a multi-industry coalition on regulatory, legislative, and litigation developments concerning the scope of federal regulatory authority under the CWA.
• Representing a land developer in an EPA enforcement action under the CWA.
• Defending a large agricultural producer in EPA and DOJ enforcement actions arising under the CWA and CAA.
• Representing a coalition of national agricultural associations in a challenge to EPA’s 2019 EPCRA reporting exemption rule for air emissions from animal waste at farms.
• Representing a coalition of national and state agricultural associations in a challenge to EPA’s approval of Ohio’s Maumee Watershed Nutrient TMDL.
• Representing public wastewater and stormwater agencies and municipalities as amici in the Supreme Court and the Ninth Circuit (City and County of San Francisco v. EPA).
• Advising an energy company with respect to an EPA compliance order under the CWA.
• Representing crop protection companies and national trade associations in litigation challenging pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act; the ESA; and the California Environmental Quality Act in federal and state courts.
• Representing national trade associations serving agriculture, forestry, manufacturing, electric utilities, and mining in advocacy efforts regarding various CWA regulatory proposals.
• Serving as counsel to an agricultural industry group on key regulatory, litigation, and policy matters involving nutrient regulation under the CWA and other environmental statutes.
• Representing a national agricultural association in district court and appellate litigation challenging the USDA’s National Bioengineered Food Disclosure Standard.

Prior Noteworthy Representations

• Represented national trade associations in challenging EPA’s 2023 regulations governing the assertion and maintenance of CBI claims under TSCA.
• Represented a coalition of national agricultural associations in a challenge to EPA’s denial of a petition to revise its CAFO permitting regulations and effluent limitations guidelines.
• Represented a national trade association in litigation over EPA’s implementation of the Endocrine Disruptor Screening Program.
• Advised a telecommunications company in responding to information requests under RCRA.
• Counseled a sustainable fuels technology company on NEPA compliance.
• Represented forestry groups as amici in Supreme Court cases arising under the CWA (Sackett v. EPA and Decker v. NEDC).
• Represented national energy trade associations as amici in federal district and appellate court cases involving claims under NEPA, the CWA, the ESA, and the Refuge Act.
• Prepared amicus briefs for the Supreme Court and the Ninth and Sixth Circuit Courts of Appeals on behalf of coalitions of trade associations regarding the applicability of the CWA to discharges to navigable waters via groundwater.
• Represented a national trade association as petitioner in a declaratory judgment proceeding before the STB requesting a finding that the Interstate Commerce Commission Termination Act of 1995 preempts and displaces imposition of the CWA’s discharge prohibition and National Pollutant Discharge Elimination System permitting requirements to rail cars in transit.
• Represented two associations serving Alaska Native regional and village corporations as intervenor-defendants in federal district court litigation under the APA challenging the Secretary of the Treasury’s determination of which “Tribal governments” are eligible for relief funds under Title V of the CARES Act.
• Advised a company on potential grounds to bring an APA challenge to the CPSC’s efforts to recall infant inclined sleeper products.
• Defended a CWA citizen suit brought against the boards of supervisors of three counties as trustees for several drainage districts.
• Litigated on behalf of national and state trade associations against EPA, challenging numeric nutrient water quality criteria for Florida’s lakes and flowing waters as contrary to the APA and CWA.
• Litigated on behalf of national trade associations in federal district court and the Third Circuit against EPA, challenging the Chesapeake Bay Total Maximum Daily Load as contrary to the APA and CWA.
• Represented dozens of national and state trade associations in litigation challenging EPA’s denial of a petition for rulemaking to establish numeric nutrient water quality criteria in all 50 states.
• Defended an electric utility owner in federal district court and the Third Circuit in a CAA civil enforcement action brought by EPA and several states for alleged New Source Review and Title V violations.