David J. Armstrong is a partner in the Litigation Department and a member of the Environment and Natural Resources Group, Energy and Project Finance Group, and Climate Change and Sustainability Initiative.
Mr. Armstrong has substantial experience serving as local, regional, and national counsel on a wide range of complex environmental regulatory, transactional, and litigation matters for industrial, manufacturing, and commercial clients. He routinely counsels clients on the allocation of environmental liabilities in real estate and corporate transactions. He also regularly litigates matters for clients across the country in federal and state courts, administrative tribunals, and before arbitrators and mediators.
Mr. Armstrong has represented national home builders, international mining companies, defense contractors, national petroleum distributors, real estate developers, technology companies, and utility companies.
Representative Matters
- 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
- Drafted and negotiated the environmental provisions of a purchase and sale agreement in a $312 million real estate deal on behalf of a national home builder
- Represented a client in permitting issues associated with a potential mine in Utah
- Won a full defense verdict for a national petroleum distributor following a three-week jury trial in state court where the plaintiff was asking for $14 million in damages from the alleged migration of petroleum hydrocarbons
- Provided environmental counsel and drafted and negotiated environmental provisions of sale or lease agreements on behalf of an international mining client in over 50 real estate deals
- Successfully represented clients in Superfund mediations resulting in low allocations for the clients
- Negotiated numerous environmental insurance policies for clients, including a $50 million cost cap and pollution legal liability policy
- Initiated and won a case against a client's tenant for causing significant environmental contamination of the client's property
- Defended challenges by environmental groups before administrative tribunals and appellate courts to the issuance of hazardous waste, air, and water quality permits to industrial clients
- Successfully negotiated compliance orders, consent judgments, and decrees with state and federal environmental agencies on behalf of industrial clients
- Successfully settled a multimillion-dollar natural resource damage claim asserted by the Department of Interior against a national petroleum distributor
- Represented clients in federal Superfund litigation matters in Arizona, Oregon, Missouri, New York, New Jersey, and Pennsylvania
- Successfully settled air pollution "notices of violations" on behalf of a national home builder