David Chung, Counsel Washington, D.C.
Phone: +1 202.624.2587
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

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 and public lands statutes, including the Clean Water Act, Clean Air Act, National Environmental Policy Act (NEPA), Surface Mining Control and Reclamation Act, Federal Land Policy and Management Act, and National Forest Management Act. 

Current representative matters include:

  • Representing a national trade association in developing extensive legal and technical comments on Clean Air Act new source performance standards for residential wood heaters and in litigation challenging the final standards.
  • Representing two national agricultural trade associations in litigation challenging an EPA CERCLA/EPCRA administrative reporting exemption rule.
  • Advising an agricultural industry group on key regulatory, litigation, and policy matters involving nutrient regulation under the Clean Water Act and other environmental statutes.
  • Representing several national and state trade associations in litigation challenging EPA's denial of a petition for rulemaking to establish numeric nutrient water quality criteria in all fifty states.
  • Counseling national trade associations serving agriculture, forestry, electric utilities, and mining on Clean Water Act regulatory proposals and litigation.
  • Representing two agricultural trade associations in litigation challenging Bureau of Land Management and Forest Service land use plan amendments.
  • Representing a trade association in challenging EPA’s Renewable Fuel Standards for 2014-2016.

Prior noteworthy engagements include:

  • Defending a Clean Water Act citizen suit brought against the boards of supervisors of three counties as trustees for several drainage districts.
  • Litigation for several national and state trade associations against EPA challenging numeric nutrient water quality criteria for Florida's lakes and flowing waters as contrary to the Administrative Procedure Act (APA) and Clean Water Act.
  • Litigation for several national trade associations against EPA challenging the Chesapeake Bay Total Maximum Daily Load as contrary to the APA and Clean Water Act.
  • Defending an electric utility owner in a Clean Air Act civil enforcement action brought by EPA and several states for alleged New Source Review and Title V violations.
  • Litigation for a mining company against EPA challenging the Agency's novel exercise of its Section 404(c) veto authority.
  • Litigation for the American Fuel and Petrochemical Manufacturers against EPA challenging numerous rulemakings implementing the Renewable Fuel Standard program.
  • Litigation for a Fortune 100 company against EPA challenging several decisions under Title VI of the Clean Air Act.
  • Defending a coal company in a Clean Water Act citizen suit related to coal loading operations.
  • Litigation for the National Mining 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.
  • Representing 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.

David recently served for two years as a co-chair of the ABA Section of Environment, Energy, and Resources (SEER) Water Quality and Wetlands Committee. Before that, he served as vice chair (Electronic Communications & Social Media) and as vice chair (Committee Liaison to Annual Water Law Conference) of the ABA SEER Water Quality and Wetlands Committee.

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.


Admitted to practice: District of Columbia; Maryland; Supreme Court of the United States; U.S. Courts of Appeals for the District of Columbia, Fourth, Ninth, Tenth, and Eleventh Circuits; U.S. District Courts for the District of Columbia and Northern District of Florida.

Professional Memberships

  • American Bar Association, Section on Environment, Energy & Resources
  • Rocky Mountain Mineral Law Foundation
  • Energy & Mineral Law Foundation

Highlights, News & Knowledge

Speeches & Presentations

  • “The Clean Water Rule – Examining Its Purposes, Legality and Policy Implications,” D.C. Bar Webinar (April 14, 2016). Panelist: David Chung.
  • "The WOTUS Rule: What Mining and Oil and Gas Operators Need to Know," Energy & Mineral Law Foundation, 36th Annual Institute, Amelia Island, FL (June 22, 2015). Presenters: David Chung and Sherrie A. Armstrong
  • "Water Quality Standards and Their Implementation: The New Wave," Clean Water Act: Law and Regulation, American Law Institute CLE, co-sponsored by the Environmental Law Institute (November 17-18, 2014). Panelist: David Chung.
  • "Emerging Issues Regarding Nutrient Regulations Under the Clean Water Act," ABA Webinar, Co-Sponsored by Section of Environment, Energy, and Resources, Section of State and Local Government Law, Section of Science & Technology Law, and Center for Professional Development (June 19, 2014). Panelist: David Chung.
  • "Challenging Agency Use of Environmental Models," American Farm Bureau Federation, Legal Information and Networking Committee Annual Conference (September 12, 2012). Presenter: David Chung.
  • "Update on Clean Water Act Nutrient Litigation," National Corn Growers Association, Production and Stewardship Action Team Meeting (July 17, 2012). Presenter: David Chung.
  • "'Fishable, Swimmable' National Policy Exemplar? The Future of the Chesapeake Bay and Clean Water Act Water Quality Regulations," American Bar Association 40th Annual National Spring Conference on the Environment: Reframing the Conversation: Examining the Tension Between Environmental Regulation, Job Growth and the Economy (June 1, 2012). Panelist: David Chung.
  • "Problem Lease Sales," American Association of Professional Landmen, 2007 OCS Advisory Board – Washington, D.C. (April 2, 2007). Presenter: David Chung.


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Firm News & Announcements

Oct.27.2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
Jan.13.2015 Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Jan.26.2012 Crowell & Moring Elects Seven New Partners and Promotes 22 Attorneys to Counsel Positions
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