David Chung

Partner
Washington, D.C.
dchung@crowell.com
Phone: +1 202.624.2587
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

David Chung is a partner in Crowell & Moring's Environment & Natural Resources Group. His practice focuses on litigation, regulatory advocacy, and regulatory counseling involving major environmental statutes. David has experience handling matters arising under various environmental and public lands statutes, including the Clean Water Act, Clean Air Act, Endangered Species Act, National Environmental Policy Act, Federal Insecticide, Fungicide, and Rodenticide Act, Surface Mining Control and Reclamation Act, Resource Conservation and Recovery Act, and Federal Land Policy and Management Act. 

David also regularly handles or advises clients on litigation arising under the Administrative Procedure Act. He has extensive experience litigating in federal courts and representing clients in a wide range of proceedings before federal agencies.

His 2020 Chambers and Partners review states, “David is valued by clients as ‘incredibly smart; he’s a very good writer who is good at accurately assessing the strengths and weaknesses of a case.’”

Current representative matters include:

  • Serving as counsel to a multi-industry coalition on regulatory, legislative, and litigation developments concerning the scope of federal regulatory authority under the Clean Water Act. 
  • Representing a national trade association as petitioner in a declaratory judgment proceeding before the Surface Transportation Board requesting a finding that the Interstate Commerce Commission Termination Act of 1995 preempts and displaces imposition of the Clean Water Act’s discharge prohibition and NPDES permitting requirements to rail cars in transit.
  • Representing a national trade association in developing extensive legal and technical comments on Clean Air Act new source performance standards and in D.C. Circuit litigation challenging the final standards.
  • Advising a national agricultural trade association on regulatory proposals and APA litigation involving the U.S. Department of Agriculture’s conservation compliance programs.
  • Representing national trade associations serving agriculture, forestry, manufacturing, electric utilities, and mining in advocacy efforts regarding various Clean Water Act regulatory proposals.
  • Serving as counsel to an agricultural industry group on key regulatory, litigation, and policy matters involving nutrient regulation under the Clean Water Act and other environmental statutes.
  • Representing a company in an EPA investigation into compliance with federal consent decree obligations (CAA enforcement case).
  • Representing electric power trade associations as amici in federal district court and Ninth Circuit litigation challenging the Army Corps of Engineers’ Nationwide Permit 12.

Prior noteworthy engagements include:

  • 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 Treasury’s determination of which “Tribal governments” are eligible for relief funds under Title V of the CARES Act.
  • Preparing Supreme Court, Ninth Circuit, and Sixth Circuit amicus briefs on behalf of coalitions of trade associations regarding the applicability of the Clean Water Act to discharges to navigable waters via groundwater.
  • Advising a company on potential grounds to bring an APA challenge to the Consumer Product Safety Commission’s efforts to recall infant inclined sleeper products.
  • Representing several national trade associations as amici in Sixth Circuit litigation seeking to subject PHMSA’s approval of oil spill response plans to NEPA review and ESA consultation.
  • Providing environmental due diligence on numerous acquisitions of gas, wind, and solar generating facilities.
  • Representing two national agricultural trade associations in D.C. Circuit litigation and in regulatory advocacy regarding an EPA CERCLA/EPCRA administrative reporting exemption rule.
  • 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 APA and Clean Water Act.
  • Litigation for several 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 Clean Water Act.
  • Representing dozens of 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.
  • Defending an electric utility owner in federal district court and the Third Circuit 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 in federal district court and the Ninth Circuit against EPA challenging the Agency's novel exercise of its Section 404(c) veto authority.
  • Litigation for a national trade association in numerous D.C. Circuit challenges to EPA rulemakings implementing the Renewable Fuel Standard program.
  • 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 in federal district court and the D.C. Circuit challenging a series of agency actions as contrary to the APA, Clean Water Act, NEPA, and Surface Mining Control and Reclamation Act.

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.

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.



Affiliations

Admitted to practice: District of Columbia; Maryland; Supreme Court of the United States; U.S. Courts of Appeals for the District of Columbia, Fourth, Sixth, Seventh, Ninth, and Tenth Circuits; U.S. Court of Appeals for Veterans Claims; U.S. District Courts for the District of Colorado, 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

  • "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



Media Mentions



Firm News & Announcements

Apr.23.2020 Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
Apr.29.2019 Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
Feb.07.2018 DEAL NOTE: Crowell & Moring Client NRG Yield, Inc. Enters into Agreements to Acquire Gas-Fired and Solar-Generating Facilities from NRG Energy, Inc.
Nov.17.2017 DEAL NOTE: Crowell & Moring Client NRG Yield, Inc. Acquires 38 MW Solar Portfolio from NRG Energy, Inc.
Feb.28.2017 Deal Note: Crowell & Moring Client NRG Yield, Inc. Enters into Agreement to Acquire Interests in Solar Generating Facilities from NRG Energy, Inc.
Jan.09.2017 Crowell & Moring Elects Six New Partners and Promotes 19 Associates to Counsel
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