Summary: My litigation and trial practice work has emphasized expert analysis and reports, environmental proof and environmental forensics.  I have also worked extensively with litigation and trials in the areas of Environmental Toxic Torts, CERCLA, the Clean Water Act, the Clean Air Act, the Resource Conservation & Recovery Act (RCRA), the Toxic Substance Control Act and the Safe Drinking Water Act.  My litigation practice together with my compliance and permitting work have allowed me to be actively engaged in meetings, negotiations and adversarial proceedings with USEPA at Regions I, IV, VI, VII & IX, and EPA Headquarters in Washington, DC.  I have represented clients before environmental state agencies and in federal and state courts in more than twenty (20) States. I believe I have a reputation for innovative problem solving with respect to complex legal and technical environmental issues and have established a reputation as having an ability to work with technical experts; developing and presenting concise and compelling expert testimony. 

Biography

David was born and grew up in California. He graduated from Carlmont High School in Belmont 1973 and went on to attend San Jose State University, graduating in 1978 with a double major in Religious Studies and Political Science.

After college, David enrolled at the University of Tulsa College of Law and graduated in 1981 with honors, Order of the Curule Chair. While in law school, David was a research assistant for Professors Kent Frizzell, John Lowe and Gary Allison at the National Energy Law and Policy Institute (NELPI). 

After graduation from TU Law in 1981, David began a 41-year career in the private practice of law by joining the firm of Boone, Smith, Davis, Hurst and Minter in Tulsa, Oklahoma, and was made partner after just four (4) years. Boone Smith was a boutique litigation law firm where David began to develop his litigation and trial practice expertise. His practice focused on business litigation in Oklahoma State and Federal Courts in which he represented various local and fortune 500 companies. He tried his first case right out of law school in 1981 and was granted a rare opportunity to argue that case on appeal (via writ of mandamus) before the full Oklahoma Supreme Court. Similarly, he argued his first appeal before the United States Court of Appeals for the Tenth Circuit just 3 years after graduation. During his time with the Boone Smith Law Firm David developed a nationally recognized expertise in environmental law and litigation. He further developed that expertise and his reputation grew as a partner at the Southwest Regional Firm of Gardere and Wynne.

His practice since 1985 has primarily focused on civil litigation with an emphasis on environmental litigation, including mass torts and cost recovery resulting from environmental contamination. He has represented clients in many States and handled matters for clients before the U.S. EPA in multiple Regions. During his 41 years of practice, he has appeared as counsel before environmental state agencies or in litigation in federal and state courts in more than twenty (20) different states and jurisdictions.

 During the first twenty (20) years of law practice David represented primarily business interests by representing corporate and individual clients whose operations involved compliance with the environmental laws, environmental litigation, or whose activities resulted contamination from releases of chemicals to the air, water, sediment and soil. These clients include American Airlines (where he served as National Environmental Counsel for five years handling cases ranging from LA to New York, Boston and Miami), Phillips Petroleum Company, Oxy USA, Newspaper Printing Corporation, Hillcrest Medical Center, and The Tulsa World. In about 1991 David’s practice began to change and he also has represented more of the “people’s interests” vs. corporate interests with the Cities of Blackwell and Bartlesville in Superfund – Hazardous Waste cost recovery matters resulting from smelting and the processing of mined heavy metals. 

David has also represented the City of Bethany Oklahoma in litigation and cost recovery against aircraft manufacturing and rework companies that polluted the City’s drinking water supply; assisted the City of Chattanooga, Oklahoma, in permitting wastewater discharges. He also represented the State of Oklahoma in its case against the mega poultry industry for pollution of the Illinois River Watershed in NE Oklahoma. That case was tried over a six (6) month time period and involved weeks in trial. In his role representing the State of Oklahoma David served as part of the three (3) lead Attorney trial team. His work focused on the presentation and cross-examination of expert testimony. On January 18, 2023, after almost 13 years, Judge Frizzell granted injunctive relief in what is thought to be the first case against the Industry that holds them liable for non-point source pollution. See, January 19, 2023, TULSA WORLD, Page 1, OKLAHOMA WINS POULTRY SUIT

David has and does represent individuals and property owners who have suffered property damage and personal injury because of chemical releases into the environment. Recently, he represented a mass tort case involving over 500 persons suffering from property damage and personal injury from rocket fuel waste (perchlorate) groundwater pollution in Duncan, Oklahoma (W.D. OKLA) and injury to a City’s drinking water supply that was polluted by chlorinated solvents from aerospace manufacturing operations (W.D. OKLA). He continues to represent those suffering from trespass, nuisance, and negligence from factory farm wastes and the abuse of pesticide/ herbicide use damaging farmers’ crops and health. Recently, David has been retained to represent the Lazy S Ranch in a claim against Valero Pipeline for pollution of the Arbuckle-Simpson aquafer and is representing the California Department of Toxic Substances Control with respect to smelter waste in Vernon California.

David is a member of the Oklahoma and Arkansas Bar Associations and is admitted to practice before all state and federal courts in Oklahoma, and all state courts in Arkansas. He has served as a Barrister and Master of the Hudson/Hall/Wheaton Chapter of the American Inns of Court and has an AV rating from Martindale-Hubble. David is a regular guest lecturer at the University of Tulsa College of Law and at the Oklahoma State University on Environmental Law topics. He is a member of the Board of Advisors for the University of Tulsa College of Law’s Sustainable Energy and Resource Law Advisory Board (SERL). 

He is married and he and his wife have two (2) adult children. David has taught adult Sunday school all of his adult life and has regularly served on mission trips to North and East India, Burma (Miramar), Columbia, the Virgin Islands, and Jamaica. His avocations are reading, gardening, cooking, baking, and walking the dog Mack.

ACCOMPLISHMENTS

•  Martindale Hubbell AV Preeminent Rating

• Served as Barrister and Master of the Hudson/Hall/Wheaton Chapter of the American Inns of Court

•  Guest Lecturer in Environmental Law & Litigation at the University of Tulsa College of Law and Oklahoma State University.

• Innovated and conceptualized the first risk-based “clean closure” and Superfund Deferral Programs.

• Provided legal guidance for the development of forensic methods to establish responsibility for non-point source pollution in Oklahoma vs Tyson.
  In 2004 the Oklahoma Attorney General asked David to put together a team of lawyers and scientists to sue the mega Integrated Poultry Industry in NW Arkansas and NE Oklahoma. David provided legal guidance for the development of forensic methods to establish responsibility for non-point source pollution. The case was filed in 2005 in the USDC NDOK. The case was tried before Judge Frizzell for 52 days over a 6-month period. David was one of the 3 lead trial lawyers for the State. We selected and supervised an all-star cast of scientists and economic experts, and at trial, I put on the direct expert testimony for Oklahoma’s experts and crossed the Defendants’ expert witnesses. In January of 2023, The Federal Court’s decision in Oklahoma v. Tyson is the most comprehensive ruling based on trial tested proof and argument establishing responsibility for non-point source pollution. Document 2979 Filed in USDC ND/OK on 01/18/23