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.
City & State New York Trailblazers in Clean Energy, 2024-2025
Selected for the Upstate New York Super Lawyers® list, 2013-2024
Listed in The Best Lawyers in America®
Listed in Chambers USA: America’s Leading Lawyers for Business, 2010-2025
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
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.
Moderator, “CLCPA Update: Regulatory Update, Future of CLCPA Implementation, Corporate Decarbonization Strategies,” The Business Council of NYS 2024 Environment Conference, November 2024
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
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
