David J. Armstrong

• Successfully resolved claims on behalf of a pre-school concerning the presence of environmental contaminants
• Successfully defended a national nursery chain against federal Superfund claims associated with contaminated property located in Northern California
• Successfully resolved two separate administrative proceedings initiated by the Arizona Department of Environmental Quality against a Utah-based convenience store chain concerning remediation of leaking underground storage tanks
• Successfully represented a Fortune 100 company in defeating an environmental tariff proposed by the Colorado Public Utility Commission
• Served as expert witness in Nevada state court action interpreting contract and Lincoln County regulations in terminated solar power deal
• Won substantial damages (including past costs, attorneys' fees, pre-judgment interest, and future remedial costs) in an arbitration case against an environmental consultant for breach of contract and negligence
• Won a full defense verdict for a major petroleum products distributor following a three-week jury trial in Arizona state court where the plaintiff was asking for $14 million in damages in connection with the alleged migration of petroleum hydrocarbons
• Successfully represented an international mining client in several mediations concerning allocation of liability to resolve federal Superfund claims
• Initiated and won a case against a client's tenant for causing significant environmental contamination of the client's property
• Successfully settled a multimillion-dollar Oil Pollution Act and natural resource damage claim asserted by the Department of Interior against a national petroleum distributor
• Represented clients in federal Superfund litigation matters in Arizona, California, Oregon, Missouri, New York, New Jersey, and Pennsylvania

Compliance and Permitting

• Successfully assisted regional petroleum distributor with avoiding a penalty associated with fuel blending procedures
• Successfully assisted an Eastern Arizona biomass facility in connection with renewal of its Class I air quality permit
• Assisting Fortune 100 company with obtaining Class II air quality permit.
• Representing client in obtaining prospective purchaser agreement with Arizona Department of Environmental Quality.
• Assisted a Nevada company in effectuating environmental permit transfers in connection with the sale of the company
• Prepared detailed comments on proposed water quality permit associated with a Mesa, Arizona, facility
• Counseled a client in permitting issues associated with development of a potash mine in Utah
• Assisted a national home builder in obtaining water quality permit and case closure for alleged discharge violations
• Successfully represented a regional petroleum products distributor in obtaining renewal of air quality permit
• Assisted wind-powered electric generating facility with securing permit to construct under Nevada Utility Environmental Protection Act
• Successfully represented an international aviation company in avoiding significant penalties associated with its past hazardous waste disposal practices
• Successfully resolved notices of violations issued to an Arizona biomass facility for alleged air quality permit violations
• Successfully defended clients' hazardous waste and water quality permits in challenges by environmental groups before administrative tribunals and appellate courts
• Successfully negotiated compliance orders, consent judgments, and decrees with state and federal environmental agencies on behalf of industrial clients
• Successfully settled notices of violations for alleged air quality violations by a national home builder
• Assisted an international aviation company in establishing an environmental compliance program
• Successfully represented a regional pool company in obtaining "no further action" letter from the Arizona Department of Environmental Quality in connection with the cleanup of former leaking underground storage tank site
• Represented a hazardous waste storage facility in connection with an order revoking the company's hazardous waste permit for alleged statutory and regulatory violations

Transactional

• Assisting a developer client in limiting liability associated with contaminated parcel in Nevada
• Successfully assisted Colorado data center in negotiating environmental provisions of lending agreement
• Assisted Idaho real estate investment company with analyzing environmental risks associated with the prospective purchase of two contaminated parcels
• Assisted an international aggregate company in performing environmental due diligence, including permit transfers, in connection with its purchase of 22 facilities in the Midwest and Southeast United States
• Represented lender in foreclosing on contaminated parcel in Las Vegas
• Assisted a major distributor of electronic components in performing environmental due diligence in connection with its purchase of electronic recycling facilities in Texas, Ohio, and Georgia
• Provided environmental counsel to a major bond underwriting company on environmental risks and liabilities associated with underwriting bonds for Arizona Charter school
• Assisted an international energy company in analyzing environmental risks associated with its purchase of oil and gas facilities in Texas and Louisiana
• Routinely assists a national automobile dealership in performing environmental due diligence in connection with its purchase and sale of dealership facilities
• Performed environmental due diligence and lead team effectuating permit transfers in connection with the purchase of a mine in Southeastern Utah
• Assisted a major East Coast utility in performing environmental due diligence associated with its purchase of interests in Arizona and California solar facilities
• Assisted a national solid waste collection company in performing environmental due diligence associated with its acquisitions and divestitures nationwide
• Performed environmental due diligence for a private equity firm in connection with its purchase of a biomass facility in Arizona
• Drafted and negotiated the environmental provisions of a purchase and sale agreement in a $312 million Arizona real estate deal on behalf of a national home builder
• Provided environmental counsel and drafted and negotiated environmental provisions of sale or lease agreements on behalf of an international mining client in more than 50 real estate deals
• Negotiated numerous environmental insurance policies for clients, including a $50 million cost cap and pollution legal liability policy