David Chung is a counsel in Crowell & Moring's Environment & Natural Resources Group. His practice focuses on litigation and regulatory counseling involving natural resources development and environmental issues. David has experience with matters concerning various environmental statutes, including the National Environmental Policy Act ("NEPA"), Clean Water Act, Federal Land Policy and Management Act, Mineral Leasing Act, and National Forest Management Act. Representative matters include:
· Litigation for several trade associations against EPA challenging numeric water quality criteria as contrary to the Administrative Procedure Act ("APA") and Clean Water Act.
· Litigation for a trade association against EPA challenging a total maximum daily load as contrary to the APA and Clean Water Act.
· Defending a Clean Water Act citizen suit against a coal company.
· Litigation for a trade association against EPA and the Army Corps of Engineers challenging a series of agency actions as contrary to the APA, Clean Water Act, NEPA, and Surface Mining Control and Reclamation Act.
· Litigation for a trade association against EPA challenging a Clean Air Act rulemaking.
· Defending an oil and gas company in litigation under the Secretary of Agriculture's 2001 Roadless Area Conservation Rule and NEPA arising out of a pipeline project on National Forest System and private lands.
· Counseling two oil and gas companies on land access and permitting issues relating to a natural gas project on National Forest System and private lands and defending against a challenge under NEPA and the National Forest Management Act in federal court.
· Defending an oil and gas company in federal district and appellate court litigation under NEPA arising out of a seismic exploration project on public lands.
· Defending an oil and gas company in a NEPA action before the Interior Board of Land Appeals arising out of a natural gas project on public lands.
David also has experience in white collar criminal defense, government and internal investigations, and corporate compliance matters. David has represented numerous corporations and individuals in investigative matters involving the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and the U.S. House of Representatives. In particular, David has extensive experience with investigations and in-country compliance reviews involving the Foreign Corrupt Practices Act ("FCPA"). David has developed investigative plans, led witness interviews, prepared investigative reports, and managed document collections, reviews, and productions.
During the first half of 2009, David served as a special assistant attorney general with the District of Columbia Office of the Attorney General. In that capacity, David prepared dispositive motions, handled discovery, and negotiated settlements in numerous civil litigation matters. He also obtained jury trial experience in the Superior Court of the District of Columbia.
David graduated from the University of Texas at Austin in 2002, where he earned a B.A. from the Plan II Honors Program. He earned his law degree at the George Washington University Law School in 2005, graduating with honors. While in law school, David served as the senior notes editor of the Public Contract Law Journal. In 2005, he co-chaired and co-authored the competition problem for the McKenna Long & Aldridge "Gilbert A. Cuneo" Government Contracts Moot Court Competition.
Publications
· "Clean Water Act Permitting for Coal Mining: The Battle over Enhanced Procedures, New Water Quality Standards, and EPA's Role," Mining Committee Newsletter, Vol. 5, No. 1, ABA Section of Environment, Energy, and Resources (January 2011). Co-Authors: Kirsten L. Nathanson and David Chung.
· "Federal District Court Rules Citizens' Wilderness Inventory is Not Significant New Information," The Rocky Mountain Landman (November 2007). Co-Authors: David Chung and William Sparks.
· "On the Air in Three, Two, One...Witness Examination by Videoconference in International Arbitration," 59 Int'l Law Section e-brief/State Bar of Cal. (December 2006). Co-Authors: David Chung and Anibal Sabater.
Alerts & Newsletters
· "Citizen Suit Watch: Supreme Court of Illinois Rejects Attack on Mining Permit Reclamation Plan," Environment & Natural Resources Law Alert (February 21, 2012). Contacts: Kirsten L. Nathanson, David Chung.
· "CITIZEN SUIT WATCH: Third Circuit Reverses Lower Court's Dismissal of Citizen Suit on Abstention Grounds," Environment & Natural Resources Law Alert (October 25, 2011). Contacts: Kirsten L. Nathanson, David Chung.
· "Crowell & Moring Files Amicus Brief In Support of Cert Petitions Seeking Review of the Ninth Circuit's Ruling on Clean Water Act Permitting for Forest Roads," Environment & Natural Resources Law Alert (October 21, 2011). Contacts: Clifton S. Elgarten, Kirsten L. Nathanson, David Chung.
· "CITIZEN SUIT WATCH: Court Invalidates Arizona Legislation That Eliminated Funding Mechanism For A Clean Air Act State Implementation Plan," Environment & Natural Resources Law Alert (September 28, 2011). Contacts: Kirsten L. Nathanson, David Chung.
· "CITIZEN SUIT WATCH: Tenth Circuit Adopts Broad View of Issue Preclusion and Parens Patriae in Affirming Dismissal of Clean Air Act Citizen Suit," Environment & Natural Resources Law Alert (July 15, 2011). Contacts: Kirsten L. Nathanson, Providence Spina, David Chung.
· "CITIZEN SUIT WATCH: Court Dismisses a Master Complaint in the Deepwater Horizon Multi-District Litigation," Environment & Natural Resources Law Alert (July 14, 2011). Contacts: Kirsten L. Nathanson, David Chung.
· "CITIZEN SUIT WATCH: Ninth Circuit Rejects CERCLA Citizen Suit Jurisdiction Over Pursuit of UAO Penalties," Environment & Natural Resources Law Alert (June 24, 2011). Contacts: Kirsten L. Nathanson, Christopher Leopold, David Chung.
· "CITIZEN SUIT WATCH: Recent District Court Decisions Illustrate Reach of Diligent Prosecution Defense For Post-Consent Decree Citizen Suits," (June 10, 2011). Contacts: Kirsten L. Nathanson, David Chung.
· "CITIZEN SUIT WATCH: Ninth Circuit Asserts Citizen Suit Jurisdiction Over Challenge To Longstanding Regulation And Reaffirms Clean Water Act Permitting Requirements For Forest Roads," Environment & Natural Resources Law Alert (May 31, 2011). Contacts: Kirsten L. Nathanson, J. Michael Klise, David Chung.
· "CITIZEN SUIT WATCH: State Enforcement Does Not Bar RCRA Citizen Suit, As Seventh Circuit Narrowly Construes Federal Abstention," Environment & Natural Resources Law Alert (May 16, 2011). Contacts: Kirsten L. Nathanson, David Chung.
· "Senator Lautenberg Introduces Bill To Overhaul The Toxic Substances Control Act Of 1976 (TSCA)," Product Risk Management Alert (April 16, 2010). Contacts: Stephanie N. Daigle, David Chung.
Speaking Engagements
· "Problem Lease Sales," American Association of Professional Landmen, 2007 OCS Advisory Board - Washington, DC (April 2, 2007). Presenter: David Chung.