David C. Weber
Principal
David is a member of the Riddell Williams Environmental and Natural Resources Group. His practice emphasizes environmental regulatory compliance and government enforcement defense on behalf of clients in the transportation, manufacturing and utility sectors.
David has particular expertise in the fields of air quality regulation and climate change law. He has represented and counseled businesses on a variety of compliance, permitting and enforcement issues arising under the Clean Air Act and similar state laws and regulations, including New Source Review, state Title V operating permit programs, mobile source regulations and emissions credit trading programs. His practice regularly includes advising companies on the submission of Title V and other emissions and compliance reports to state and federal agencies, and advising and litigating on behalf of companies subject to administrative and civil enforcement actions under state or federal law.
David advises clients on facility assessment and audit issues under the EPA audit privilege and state audit laws. He has assisted clients in identifying and disclosing violations, and negotiating with government entities to resolve the potential liabilities disclosed.
On the regulatory side, David has helped businesses analyze and prepare comments on proposed regulations, including RACT/BACT rules, and other state rules, such as the California Air Resources Board’s regulations for off-road diesel engines and large spark ignition engines, and AB 32, California’s Global Warming Solutions Act of 2006. Once the regulations are in place, David advises clients on the development of cost-effective strategic compliance plans.
Beyond Clean Air Act and climate change matters, David has advised and litigated on behalf of businesses and municipal districts on a variety of compliance, enforcement, and counseling matters involving NEPA, SEPA, CEQA, and the Clean Water Act. His practice also includes representing businesses in the defense and prosecution of environmental cleanup and contribution actions under CERCLA (Superfund) and the Model Toxics Control Act.
Prior to joining the firm, David was a summer associate for Riddell Williams in 2000. While in law school, he was an Associate Editor of the Oregon Law Review (2000-2001) and member of the National Moot Court Team (2000). David was awarded the Alumni Scholarship and the Meritorious Brief Writing Award (1999).
Representative environmental projects- Regional counsel to major U.S. airline, advising on federal and state air quality compliance and climate change matters. Representation has included defense of administrative enforcement proceedings brought under regional air quality regulations; negotiating settlements involving notices of violations; defense of citizen suit brought under the Clean Air Act in Southern California; providing advice regarding Title V permitting obligations; compliance with emissions credits trading program; facility environmental compliance management system implementation; and, submitting comments on proposed air quality regulations.
- Assisted in representing the nation’s largest producer of building materials made from polystyrene (EPS) insulating foam. Representation included advice and assistance in responding to Section 114 information requests and notices of violations under the Clean Air Act; petitioning for Title V operating permit variances; and challenging draft Title V permit issued by regional air authority.
- Assisted in representing a Washington municipal sewer district with environmental compliance and enforcement issues, including defense of citizen suit action brought under Clean Water Act.
- Assisted in representing EPA remedial action construction contractor in defending claims by property owner for contribution for costs of conducting EPA emergency removal action at pesticide-contaminated hop farm.
- Assisted in representing owner of wood treatment facility in defense of claims by EPA for recovery of costs incurred by EPA in performing time-critical emergency removal action.
Education and Admissions
David received his B.S., in both Journalism and Political Science, from the University of Oregon in 1998, and his J.D. from the University of Oregon School of Law in 2001. He is admitted to practice in Washington State and in the United States District Court for the Western District of Washington.
Memberships
American Bar Association, Federal Bar Association of the Western District of Washington, Washington State Bar Association
Professional and Community Activities
David has represented Washington State CASA, the Pike Market Medical Clinic, and KCBA’s Legal Services for the Homeless Program on a pro bono basis.
Awards and Recognition
David has been named a Rising Star® by Washington Law & Politics magazine.
As an undergrad, David was a member of the University of Oregon football program, where he was a three-time selection to both the GTE Academic All-America All-District® Football Team and the PAC-10 All-Academic Football Team.
Publications
Co-Author of “Supreme Court's Burlington Northern Decision Considers the Scope of Liability under CERCLA,” Washington State Bar Association Environmental & Land Use Law Newsletter, Vol. 36, No. 2 (Aug. 2009).
Co-Author of “Will State 'NEPA' Laws Survive Federal Climate Change Regulation?” Washington Legal Foundation (September 21, 2007).
Newsletters
“Municipal Discharger of Stormwater Runoff Liable under CERCLA: Ruling affirms arranger liability for stormwater contamination.” (June 9, 2010)
“EPA Issues National Greenhouse Gas Standards on Autos. Despite legal uncertainty, EPA's action sets in motion imminent regulation on broad sectors of the economy, apart from any legislation Congress may enact.” (April 2, 2010)
“Department of Ecology Seeks Public Comment on Wetland Mitigation Bank Rule.” (March 13, 2009)
“EPA Proposes Mandatory GHG Reporting Rule.” (March 10, 2009)
“NEPA Lawsuit Seeks to Block Tar Sands Project.” (February 18, 2009)
“State Court Invalidates Power Plant’s Air Permit for Lack of Carbon Dioxide Emission Limitations.” (July 2, 2008)
