David P. Flynn

Partner Buffalo, New York City, Canada, Chautauqua
David Flynn

David is the leader for Phillips Lytle’s Environmental Law Practice Team, as well as co-leader for the firm’s Energy and Renewables Team, and its Cryptocurrency and Blockchain Team. His practice is concentrated in the areas of environmental law, energy and emerging technologies.

With respect to environmental law, David concentrates on regulatory compliance, brownfield redevelopment and sediment remedial projects. He was involved in the first successful conversion of a former industrial brownfield into a modern manufacturing facility in New York State.

In addition, David advises clients on business development issues and the regulation of energy before state and federal authorities. He also advises clients on the development and siting of renewable energy facilities, licensing of hydropower projects, hydrogen projects and energy storage facilities. Most recently, David began representing cryptocurrency firms on facility siting, regulatory and energy-related matters.

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Honors & Awards

  • Selected for the Upstate New York Super Lawyers® list, 2013-2024
  • Listed in The Best Lawyers in America®
  • City & State New York Trailblazers in Clean Energy, 2024
  • Listed in Chambers USA: Americas Leading Lawyers for Business, 2010-2024
  • City & State New York Energy & Environment Power 100, 2021-2023
  • Listed in Who’s Who In Law, Business First of Buffalo and Buffalo Law Journal
Awards & Certifications
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Education & Admissions

Education
  • State University of New York at Buffalo Law School, J.D., cum laude, 1987
  • State University of New York at Buffalo, B.A., 1983
Admitted to Practice
  • New York
  • U.S. District Court, Northern and Western Districts of New York
  • U.S. Court of Appeals, Third Circuit

Core Competencies

New York State Brownfield Cleanup Program

Counsel clients on the benefits of participating in the Brownfield Cleanup Program, including liability release and tax credits. Assist clients in the preparation of applications for participation in the Brownfield Cleanup Program. Participate in meetings with the New York State Department of Environmental Conservation to discuss application requirements, citizen participation, brownfield agreements, remedial investigation work plan, and remedy selection.

Energy

Counsel clients on renewable energy (solar, wind and biomass) and energy efficiency projects and project development work related to such projects. Counsel clients on integrating sustainability and energy conservation measures into residential, commercial and industrial projects. Publication of articles on the legal issues related to hydrogen, energy storage, hydropower and carbon sequestration projects.

Solid and Hazardous Waste

Counsel clients on management of solid and hazardous waste to comply with federal and state statutes and regulations. Represent clients in state and federal administrative enforcement actions and voluntary remedial programs. Assist clients in the preparation and submittal of Beneficial Use Determination petitions to the New York State Department of Environmental Conservation for the beneficial reuse of solid waste materials. Counsel clients on potential liabilities associated with asbestos, lead-based paint, and PCBs.

Underground Storage Tank Regulations

Counsel clients on compliance with federal and state underground storage tank regulations, including registration, overfill protection, release detection, inventory monitoring, and testing requirements. Advise clients on potential liabilities associated with redevelopment of gasoline stations and other sites with existing and removed underground storage tanks.

Other Areas of Expertise

New Jersey Environmental Regulations – Counsel clients on potential liabilities associated with New Jersey’s Industrial Site Recovery Act and Site Remediation Reform Act.

Occupational Safety and Health Administration Defense – Assist clients in preparing defenses and negotiating settlements to OSHA citations.

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Speaking Engagements

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  • Panelist, “Table of Experts: Renewable Energy,” Albany Business Review, August 2024
  • Moderator, “Assuring an Effective Cap and Trade Program – Lessons Learned from California and Washington,” The Business Council of NYS 2023 Environment Conference, November 2023
  • Moderator, Buffalo Business First State of the Region – Energy, March 2023
  • Moderator, “DAR21 / Air Permitting Under CLCPA,” 2022 Environment Conference, November 2022
  • Speaker, “Great Lakes Legacy Act and GLRI: A Model for Sediment Remedy Success,” 2022 Sediment & PRP Summit, September 2022
  • Moderator, “The Role of Courts in Green Energy Legislation,” Energy & Sustainability Summit, Chambers and Partners, September 2022
  • Panelist, “Real Challenges and Potential Merits of the Climate Act,” Roundtable: Energy, Buffalo Business First, August 2022
  • Presenter, “Renewable Energy and Bitcoin Mining: Key Considerations and Regulatory Challenges,” The Knowledge Group, August 2022
  • Panelist, “Clean Energy,” Webinar, Business Journal and The Daily Record, March 2022
  • Panelist, “Opportunities and Challenges Posed by New York’s Climate Leadership and Community Protection Act and Other Issues Affecting the Energy Industry,” Roundtable: Energy, Buffalo Business First, June 2021
  • Panelist, “Clean Energy: How to Leverage Local Incentives to Make Clean Energy Projects Financially Viable,” New York State Economic Development Council (NYSEDC) IDA Academy, April 2021
  • Panelist, “New York State Proposes Transformational Economy-Wide Energy Roadmap for Meeting 2030 Targets,” Phillips Lytle Energy Law Webinar, July 2020
  • Presenter, “Reopening Safely: Regulations, Guidelines and Strategies,” COVID-19 Comeback Series, Phillips Lytle Webinar, May 2020
  • Speaker, “What is the Climate Leadership and Community Protection Act (CLCPA),” The Business Council’s 2019 Annual Environment Conference, November 2019
  • Moderator, “Energy Policies: Utilizing State and Local Tools to Develop Cleaner and Greener Projects,” New York State Economic Development Council (NYSEDC) IDA Academy, November 2019
  • Panelist, “How to Turn Brown to Green: Transforming Brownfields into Green,” Rochester Business Journal State of the Region Breakfast, June 2019
  • Moderator, “The Green New Deal: What Does It Mean for Albany’s Businesses?” Albany Business Review State of the Region Breakfast, June 2019
  • Moderator, “How Energy Infrastructure Can Further Rochester Economic Development,” Rochester Business Journal State of the Region Breakfast, June 2018
  • Moderator, “How Will Energy Infrastructure Advance Albany Economic Development?” Albany Business Review State of the Region Breakfast, June 2018
  • Moderator, “Is New York’s Brownfield Redevelopment Program Meeting Its Objectives?” The Business Council’s 2017 Annual Environment Conference, November 2017
  • Panelist, “What is REV and the CES? An Update on State Energy Policy,” Business Council of New York 2016 Annual Environment Conference, November 2016
  • Moderator, “North American Renewable Energy, Infrastructure and Climate Policies,” ACORE U.S.-Canada Renewable Energy Forum, September 2016
  • Keynote Speaker, Eighth Annual Student Forum on Sustainable Development: Inclusive Economic, Environmental and Social Growth, April 2016
  • Speaker, “The Growing Unmanned Aerial Vehicle (UAV) Market,” Rochester Regional Photonics Cluster Event, December 2015
  • Moderator, “The Clean Power Plan,” The Business Council of New York State’s 2015 Annual Environment Conference, October 2015
  • Moderator, “Renewable Energy Manufacturing Opportunities in Upstate NY,” Upstate Venture Association of New York (UVANY) Event, May 2015
  • Moderator, “Financing Renewable Energy Deals,” Upstate Venture Association of New York (UVANY) Event, May 2015
  • Speaker, “New York’s Green Bank: Funding The Renewable Energy Future,” “Environmental Policy: Who’s Driving the Bus?” The Air & Waste Management Association Seminar, February 2015
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Activities & Professional Associations

Present Activities

  • Zoological Society of Buffalo, Board of Directors, Chairman
  • ACORE, Member
    • Leadership Council Member
    • Northeast Regional Council
  • Incubators for Collaborating & Leveraging Energy And Nanotechnology (iCLEAN), Advisory Board Member
  • Amherst Chamber of Commerce
    • Immediate Past Chairman (2011-2012)
    • Board of Directors (2005-Present)
  • The Summit Center, Board of Directors
  • Burchfield Penney Art Center, Board of Trustees
  • Amherst Conservation, Recreation and Parks Foundation, Chairman (2004-2007) and Board Member (2003-2007)
  • Nativity of Mary Home School Association, Member, Past President (2001-2003)
  • Buffalo Regional Board of Review, Member
  • Western New York Regional Economic Development Council
    • Energy Committee, Co-Chair
  • The Business Council of New York State, Member
    • Environmental Committee
    • Energy Committee
  • Law360 Real Estate Authority Editorial Advisory Board, 2024

Past Activities

  • Contributing Editor and Chairman of the Editorial Advisory Board, RCRA Corrective Action Manual
  • Environmental Law Columnist, Business First of Buffalo
  • New York State Business Council Marcellus Shale Working Group
  • State University of New York at Buffalo Law Alumni Association, Member (2005-2009)

Professional Associations

  • American Bar Association
    • Section of Environment, Energy, and Resources (SEER)
      • Environmental Transactions and Brownfields Committee
    • Infrastructure and Regulated Industries Section, Vice Chair 2009-2010
  • Bar Association of Erie County
  • Buffalo Law Review, Member, Publications Editor – 1987
  • Independent Oil & Gas Association
  • New York Solar Energy Industries Association
  • New York State Bar Association
    • Environmental Law Section

Articles & Publications

Articles

  • Co-Author, “Developers Face Cost and Timing Challenges Due to Impending Natural Gas Ban,” Buffalo Business First, April 2024
  • Co-Author, “DEC and NYSERDA Release New Details About New York’s Forthcoming Cap-and-Invest Program,” Buffalo Business First, March, 2024
  • Co-Author, “How Crypto Miners Can Support A Cleaner Energy System,” Law360, September, 2022
  • Author, “Extended Producer Responsibility: Will New York State Be Next?,” Buffalo Business First, April 2022
  • Co-Author, “You Are a Customer, Not Just a Ratepayer,” Buffalo Business First, September 2021
  • Author, “New York’s Green New Deal: Good and Bad for Business?” Buffalo Business First, March 2019
  • Co-Author, “Solar Energy Shines for NY Higher Education,” Buffalo Law Journal, October 2015

Publications

  • Contributing Editor, “Power Generation, Transmission & Distribution 2024,” Chambers Global Practice Guide, August 2024
  • Contributing Editor, “Alternative Energy & Power 2023,” Chambers Global Practice Guide, July 2023
  • Author, “Alternative Energy & Power 2023 – USA Chapter,” Chambers Global Practice Guide, July 2023
  • Co-Author, “Alternative Energy & Power 2022 – USA,” Chambers Global Practice Guide, August 2022
  • Co-Author, “US Regional Real Estate – New York,” Chambers Global Practice Guide, June 2022
  • Co-Author, “Alternative Energy & Power 2021 – USA,” Chambers Global Practice Guide, August 2021
  • Co-Author, “Alternative Energy & Power – USA,” Chambers Global Practice Guide, July 2020
  • Co-Author, “Alternative Energy & Power – USA,” Chambers Global Practice Guide, August 2019