Alert 04.17.24
David is a great resource in the renewable, natural gas and emission credit space. He's an expert in that area of the law.
David is recognized for his experience in the production, trade, shipment and use of renewable fuels, renewable natural gas, low-carbon energy and products, environmental and carbon credits, petroleum products and other energy commodities.
He serves as legal counsel on cutting-edge energy matters, including the development, acquisition and sale of renewable natural gas (RNG) facilities, advanced recycling facilities, renewable diesel and sustainable aviation refineries, carbon capture projects, reforestation projects and other low-carbon investments. For the past 15 years, David has helped guide the energy industry on the implementation of the Renewable Fuel Standard (RFS) and state low-carbon fuel standards (LCFS). He has been involved in almost every significant development associated with those programs, including not only investments and acquisitions incentivized by the RFS and LCFS, but also regulatory matters related to the implementation of every RFS rulemaking to date and some of the largest enforcement proceedings brought to date. He has developed what have largely become industry standard terms for the trade of RNG, RINs and LCFS credits, having served as counsel on over 40 RNG offtake transactions. He counsels clients on the reduction of greenhouse gas emission and cap-and-trade programs, carbon emission allowance and carbon offset trading, having helped form numerous funds to buy and hold carbon allowances and LCFS credits.
David seeks to provide full-service representation on his clients’ energy needs, providing counsel on the Environmental Protection Agency’s (EPA) mobile source regulatory program, trade issues, the Jones Act, U.S. Customs entry requirements, import and export controls and regulations governing shipping.
Representative Experience
- Advised Idemitsu Apollo Renewable Corporation, one of the largest suppliers of both conventional and renewable fuels in North America, on its offtake agreements for delivery of renewable diesel fuel from Vertex Energy Inc.
- Formed over a half-dozen funds to trade carbon allowances.
- Formed the first fund to trade California LCFS Credits.
View More
- Won a full award at arbitration on behalf of a Japanese petroleum trading company in a dispute regarding a biodiesel tax credit.
- Represented CIM Group in a significant investment in an affiliate of MAS CanAm, a producer of renewable natural gas.
- Represented a small refinery in securing refunds from EPA due to diminution in value following EPA’s failure to act on a small refinery petition.
Professional Highlights
- Recognized by Chambers and Partners, Climate Change Law (2022 and 2023).
- Recognized by The Legal 500, Energy (2016, 2019 – 2022).
- Recognized by Environmental Finance, North American Carbon Markets and RINs Markets (2017 – 2022).
View More
- Articles
- How to Push EPA on Fuel Credits for Renewable Electricity, Law360, April 23, 2021
- What Hydrogen Cos. Should Know about Fuel Incentives, Law360, March 12, 2021
- What a Biden Presidency Means for Hydrogen in the United States: Low-Carbon Transportation Fuel, Law360, January 12, 2021
- OPINION: Drowning in Oil, Regulatory Measures to Keep Prices Afloat, Offshore Engineer, May 1, 2020
- IMO 2020: U.S. Restricts the Use of Certain Fuels in Scrubber Vessels, MarineLink, Maritime Logistics Professional, January 6, 2020
- IMO 2020 Enforcement: Magic Pipe Cases All-over Again?, Hellenic Shipping News, November 28, 2019
- Happy New Year: IMO 2020 Is Here, Global Trade, November 26, 2019
- Climate Change Litigation: 21st Century Tobacco Litigation?, Texas Lawyer, March 1, 2018
- Despite Recent Waivers, Jones Act Will Weather the Storm, Global Trade, October 18, 2017
- Presentations
- Regulatory Outlook for Renewable Diesel and Gas, RINs and Low-Carbon Markets, Goldman Sachs Conference Call, January 15, 2021
- Renewable Natural Gas: Driving Sustainability Goals and Navigating Legal Issues, Birmingham Bar Association, October 30, 2020
- Examining the Legal Landscape for the RFS, OPIS RFS, RINs & Biofuels Forum, September 16, 2020
- Examining the Legal Landscape for the RFS, OPIS RFS2, RINs & Biodiesel Forum, September 23 – 25, 2019
- Commodity and Energy Trading Seminar, September 17, 2019
- The Renewable Natural Gas (RNG) transformation – What’s Driving Investment in Biogas Projects?, May 10, 2019
- OPIS RFS2/RINs/Biodiesel Forum, October 1 – 3, 2018
- RFS/RIN Reform: What Can Congress or EPA Do?, Goldman Sachs Conference Call, March 15, 2018
- Legal Pitfalls When Generating RINs and LCFS Credits on Your Landfill Gas, U.S. EPA’s Landfill Methane Outreach Program (LMOP), March 6, 2018
- The Future of Legal Challenges, Commercial Disputes and Enforcement, OPIS LCFS & Carbon Markets Workshop, December 8, 2017
- Navigating Global Commodity Trading, November 15, 2017
- Trumponomics: The Emerging/New Regulatory Environment and Its Impact on the Energy and Financial Sectors, The Energy Forum, February 6, 2017
- Strategic Distribution for Domestic Biodiesel Production: Challenges and Opportunities, National Biodiesel Conference and Expo, January 17, 2017
- 2016 ACC Annual Meeting, October 16 – 19, 2016
Education
-
J.D., Vermont Law School, 2007
cum laude
Environmental Editor, Vermont Law ReviewB.A., St. Lawrence University
Admissions
-
District of Columbia
New York
Connecticut
Courts
-
U.S. Court of Appeals for the District of Columbia