Education

  • University of Texas at Austin, B.A. (2002) Plan II Honors Program
  • The George Washington University Law School, J.D. (2005) with honors

Admissions

  • District of Columbia
  • Maryland
  • U.S. Supreme Court
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals for Veterans Claims
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Columbia
  • U.S. District Court, Northern District of Florida

David Chung

Partner
dchung@crowell.com
+1.202.624.2587

Companies, trade associations, and industry coalitions look to David Chung to develop creative and effective regulatory and policy solutions and, when necessary, to defend their interests in federal courts. David is best known for his sage and pragmatic counsel in litigation, regulatory advocacy, enforcement defense, and compliance matters arising under the Clean Water Act, the Clean Air Act, the Endangered Species Act, the National Environmental Policy Act, and other major federal environmental statutes. When challenges to rule-makings and other agency actions involve the Environmental Protection Agency, the Army Corps of Engineers, or Department of the Interior bureaus, clients value his experience in litigating challenges as petitioner/plaintiff, intervenor, and amicus. Increasingly, companies find themselves on the defensive end of agency and citizen suit enforcement actions and call on David for efficient and discrete resolution.

Advocacy before promulgating agencies and the Office of Information and Regulatory Affairs can be burdensome and nuanced. David has a successful track record in preparing comments and advocating for proposed rules and agency policies. In addition to his core environmental practice, David also advises clients on nonenvironmental litigation arising under the Administrative Procedure Act. He has litigated in federal courts and represented clients in administrative proceedings before the Department of Agriculture, Department of Energy, Consumer Product Safety Commission, and Surface Transportation Board.

David co-chairs the firm’s Lawyer Development Committee and is a member of its Talent Development Committee.


Affiliations

Professional Activities and Memberships

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

Representative Matters

  • Counsel to a multi-industry coalition on regulatory, legislative, and litigation developments concerning the scope of federal regulatory authority under the CWA.
  • Representing a large agricultural producer in EPA and DOJ enforcement actions arising under the CWA and CAA.
  • Representing crop protection companies and national trade associations in litigation challenging pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act; the ESA; and the California Environmental Quality Act in federal and state courts.
  • Counseling a sustainable-fuels technology company on NEPA compliance.
  • Representing national trade associations serving agriculture, forestry, manufacturing, electric utilities, and mining in advocacy efforts regarding various CWA regulatory proposals.
  • Representing forestry groups as amici in Supreme Court cases arising under the CWA (Sackett v. EPA and Decker v. NEDC).
  • Representing national energy trade associations as amici in federal district and appellate court cases involving claims under NEPA, the CWA, and the ESA.
  • Preparing amicus briefs for the Supreme Court and the Ninth and Sixth Circuit Courts of Appeals on behalf of coalitions of trade associations regarding the applicability of the CWA to discharges to navigable waters via groundwater.
  • Representing a national trade association as petitioner in a declaratory judgment proceeding before the STB requesting a finding that the Interstate Commerce Commission Termination Act of 1995 preempts and displaces imposition of the CWA’s discharge prohibition and National Pollutant Discharge Elimination System permitting requirements to rail cars in transit.
  • Representing two associations serving Alaska Native regional and village corporations as intervenor-defendants in federal district court litigation under the APA challenging the Secretary of the Treasury’s determination of which “Tribal governments” are eligible for relief funds under Title V of the CARES Act.
  • Advising a national agricultural trade association on regulatory proposals and APA litigation involving the Department of Agriculture’s conservation compliance programs.
  • Serving as counsel to an agricultural industry group on key regulatory, litigation, and policy matters involving nutrient regulation under the CWA and other environmental statutes.
  • Advising a company on potential grounds to bring an APA challenge to the CPSC’s efforts to recall infant inclined sleeper products.
  • Defending a CWA citizen suit brought against the boards of supervisors of three counties as trustees for several drainage districts.
  • Litigating for national and state trade associations against EPA, challenging numeric nutrient water quality criteria for Florida’s lakes and flowing waters as contrary to the APA and CWA.
  • Litigating for national trade associations in federal district court and the Third Circuit against EPA, challenging the Chesapeake Bay Total Maximum Daily Load as contrary to the APA and CWA.
  • Representing dozens of national and state trade associations in litigation challenging EPA’s denial of a petition for rule-making to establish numeric nutrient water quality criteria in all 50 states.
  • Defending an electric utility owner in federal district court and the Third Circuit in a CAA civil enforcement action brought by EPA and several states for alleged New Source Review and Title V violations.


Insights

Speeches & Presentations

  • "Incorporating ESA Offsets Into FIFRA Registrations," American Bar Association Section on Environment, Energy and Resources (SEER) and CropLife America Annual Event: New Developments in Pesticide Law and Policy (November 8, 2022). Panelist: David Chung.
  • "Here We Go Again: WOTUS Developments Before the Agencies and the Supreme Court," National Association of Clean Water Agencies Webinar (February 22, 2022). Panelist: David Chung.
  • "Definition of ‘Waters of the United States’: More Clarity or Confusion on the Horizon?" 2022 National Association of State Department of Agriculture Winter Policy Conference (February 15, 2022). Presenter: David Chung.
  • “Top Legal Developments of the Year for Utilities,” 2021 National Clean Water Law & Enforcement Hybrid Event. (November 18, 2021). Speakers: David Chung.
  • "WOTUS: Clarity and Predictability at Last or Just Another Swing of the Pendulum?" Environmental Business Council of New England (EBC) Water Resources Webinar (December 8, 2020). Presenter: David Chung.
  • "Infrastructure In Focus: A Deep Dive Look at Water Infrastructure Opportunities and Risks - Part 2," Crowell & Moring Webinar (December 7, 2020). Presenters: David Chung, Evan D. Wolff, Byron R. Brown, and Paul Freeman.
  • "The Supreme Court Has Created a New CWA Permitting Test…Now What?" National Association of Clean Water Agencies 2020 National Clean Water Law & Enforcement Virtual Event (November 19, 2020). Panelist: David Chung.
  • "Election 2020: Environmental Law and Policy," Crowell & Moring Webinar (October 28, 2020). Presenters: David Chung, Robert Meyers, Byron R. Brown, Paul Freeman, Amanda Shafer Berman, Elizabeth B. Dawson, and Amy Symonds.
  • "Conversation with CEQ Chairman, Mary Neumayr," Edison Electric Institute Webinar (September 15, 2020). Speaker: David Chung.
  • "Managing Environmental Compliance and Exposure to Liability During the Coronavirus Crisis," Crowell & Moring Webinar (April 8, 2020). Presenters: David Chung, Peter Gray, Robert Meyers, Kirsten L. Nathanson, Byron R. Brown, and Paul Freeman.
  • "What the WOTUS? The Latest and Greatest on the 'Waters of the US' Definition," National Association of Clean Water Agencies Legal Hot Topics Webinar (March 18, 2020). Panelist: David Chung.
  • "WOTUS 2020: Will We Ever Have Clarity?" ABA Section of Environment, Energy, and Resources’ Webinar (February 26, 2020). Panelist: David Chung.
  • "The Next Battlegrounds: How the Composition of the Federal Courts Will Shape the Future of Environmental, Energy and Resources Law," ABA Section of Environment, Energy, and Resources’ 48th Spring Conference, Denver, CO (March 29, 2019). Panelist: David Chung.
  • "The Clean Water Act: Water Quality, Water Resources, and Wetlands Under the Microscope," ALI CLE/ELI Environmental Law 2019, Washington, DC (February 8, 2019). Panelist: David Chung.
  • "Legal Roundtable," 2018 NASDA Annual Meeting, Hartford, CT (September 10, 2018). Panelist: David Chung.
  • "What’s in the Water? Understanding Toxic Tort Litigation Arising from Water-Borne Pathogens," DRI Annual Toxic Torts and Environmental Law Seminar, Nashville (March 1, 2018). Moderator: David Y. Chung.
  • "Keeping States Active in the Driver’s Seat-Water Quality," American Farm Bureau Federation, Environmental Issues Conference (June 7, 2017). Presenter: David Chung.
  • "CAFOs Regulatory & Litigation Strategy," American Farm Bureau Federation, Legal Information and Networking Committee (LINC) Conference (June 6, 2017). Co-Presenter: David Chung.
  • "Clean Water Act Regulatory & Litigation Strategy," American Farm Bureau Federation, Legal Information and Networking Committee (LINC) Conference (June 6, 2017). Co-Presenter: David Chung.
  • "A New Frontier of Climate Change Litigation?" Association of American Railroads Spring EWC Meeting, Washington, D.C. (April 21, 2017). Presenter: David Chung.
  • "Clean Water Act Citizen Suits: Defense and Litigation Strategies," Strafford Webinar (March 14, 2017). Speaker: David Chung.
  • "Trump’s 'Two-for-One' Executive Order to Reduce Regulation – What Does it Mean for Industry?" Crowell & Moring's First 100 Days Series Webinar (March 2, 2017). Presenters: Daniel W. Wolff and David Chung.
  • "Regulatory Reform: What to Expect from the Trump Administration," National Council of Farmer Cooperatives, 88th Annual Meeting (February 15, 2017). Presenter: David Chung.
  • “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.

Publications


Client Alerts & Newsletters


Press Coverage


Firm News & Announcements

June 1, 2022 Chambers USA 2022 Ranks 70 Crowell & Moring Lawyers and 37 Practice Areas Among Best in U.S.
May 20, 2021 Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S.
April 23, 2020 Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
April 29, 2019 Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
February 7, 2018 DEAL NOTE: Crowell & Moring Client NRG Yield, Inc. Enters into Agreements to Acquire Gas-Fired and Solar-Generating Facilities from NRG Energy, Inc.
November 17, 2017 DEAL NOTE: Crowell & Moring Client NRG Yield, Inc. Acquires 38 MW Solar Portfolio from NRG Energy, Inc.
February 28, 2017 Deal Note: Crowell & Moring Client NRG Yield, Inc. Enters into Agreement to Acquire Interests in Solar Generating Facilities from NRG Energy, Inc.
January 9, 2017 Crowell & Moring Elects Six New Partners and Promotes 19 Associates to Counsel
October 27, 2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
January 13, 2015 Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast
September 30, 2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
January 26, 2012 Crowell & Moring Elects Seven New Partners and Promotes 22 Attorneys to Counsel Positions