Jeffrey Davidson is a partner in the Energy, Environment and Natural Resources Division in the Washington, D.C., office. Mr. Davidson focuses his practice on environmental litigation and enforcement, the practical resolution of environmental issues in corporate and real estate transactions, and environmental compliance counseling with respect to existing and emerging regulatory programs. His experience also includes energy facility permitting. Mr. Davidson clients have included Fortune 10 companies, midsize companies, family businesses, individuals, trade associations and public interest groups.
He has defended clients in civil and criminal environmental enforcement matters as well as cases involving both human and ecological exposures to toxic materials. Mr. Davidson has addressed claims of property diminution of value due to toxic contamination, and asserted and defended claims for environmental cost recovery. He has also represented clients in administrative rulemaking proceedings. His litigation experience includes appellate representation in state and federal courts, including the Supreme Court of the United States. Additionally, he is a formally trained mediator and has resolved numerous environmental disputes through mediation.
Mr. Davidson has also represented buyers, sellers and lenders in complex commercial transactions where environmental liabilities were required to be identified, quantified and successfully integrated into the transaction. He has counseled public companies on the appropriate scope of financial disclosure of environmental matters under various federal regulatory programs. He has also prepared a wide range of contracts, including green supply chain agreements, wherein the primary focus of the agreement involved environmental goods, services or obligations.
He has developed and executed complex audit programs. He has also advised clients on compliance issues with respect to all of the major federal environmental programs, and developed compliance strategies for emerging regulatory programs, such as the European Union’s RoHS and REACH Directives and the upcoming climate change regulatory scheme. His experience includes the representation of:
- A landowner in a cost recovery and enforcement action by the U.S. Environmental Protection Agency (EPA) and the Department of Justice in a Superfund National Priorities List (NPL) site.
- A former airport fuel farm operator in a federal district court cost recovery claim filed by a major international airport authority.
- An industrial tenant in a federal district court action brought by the property owner alleging cost recovery claims in excess of $100 million.
- A real estate developer against claims that a construction accident polluted and closed a municipal water supply well leaving a town with only a temporary water supply.
- A manufacturing company with respect to historic releases of volatile organic compounds that had polluted numerous private drinking wells and caused alleged toxic exposures to adults and children.
- A consumer goods company in connection with a multimillion-dollar FIFRA administrative enforcement action commenced by an EPA Regional Office.
- A brownfield landowner in an enforcement action by a state agency alleging new concerns regarding vapor intrusion.
- A school with respect to the potential inadvertent exposures of school children to asbestos.
- A major manufacturer with respect to anticipated climate change obligations.
- Various private entities in securing and overseeing federal government remedial responses to properties historically contaminated by federal activities.
- A petroleum refiner with respect to the development of an updated and unified process safety compliance program in the aftermath of a catastrophic refinery explosion.
- A major trade organization in negotiations with EPA with respect to an expansion of the PCB Regulatory Program.