Cases and Matters

David V. Marshall
Partner - Bellevue, Washington Office

DavidMarshall@dwt.com
(425) 646-6100

Environmental Experience

Representation of companies and individuals in state and federal government investigations involving alleged environmental violations, government and private environmental cleanup and remediation actions, environmental compliance counselling, and environmental transactions. Representative matters include:

• representation of company official in state and federal environmental criminal investigation involving alleged discharges of laboratory wastes and CERCLA notification issues;
  
  
• representation of metal products company environmental manager in federal environmental criminal investigation relating to CERCLA notification issues and PCBs;
  
  
• representation of oil refinery in state and federal environmental investigations involving RCRA (hazardous waste) issues and beneficial reuse of caustics in pulp and paper manufacturing; matter declined in 2005 based on successful presentation to government representatives and written state findings;
  
  
• representation of vessel operator in federal Clean Water Act criminal environmental investigation relating to discharge of sanitary wastes; matter resolved in 2004 with misdemeanor disposition in Alaska federal court;
  
  
• representation of party in federal Clean Water Act dredge and fill prosecution;
  
  
• representation of environmental consultant in federal grand jury investigation involving alleged environmental violations;
  
  
• representation of housing construction contractor in state criminal prosecution alleging violation of Washington Clean Air Act with respect to asbestos removal from residence; matter resolved in 2003 with misdemeanor probation disposition;
  
  
• representation of pulp and paper company in environmental audit;
  
  
• representation of wood products company with respect to federal regulatory matters involving hazardous waste regulations;
  
  
• assisted primary criminal defense counsel (a Federal Public Defender’s Office) as consultant on federal criminal environmental law issues;
  
  
• representation of oil company in state civil environmental cleanup action;
  
  
• representation of government contractor at large federal facility in affirmative civil environmental cleanup action;
  
  
• representation of oil company in federal civil penalty action;
  
  
• defense of fish processing company in Anchorage-based federal grand jury investigation relating to asbestos removal, and representation of same in EPA related debarment and suspension proceedings;
  
  
• representation of a company in the petroleum products industry in a federal investigation concerning worker and public safety issues at oil refining facility;
  
  
• representation of a petroleum products pipeline company in a federal criminal prosecution involving environmental (Clean Water Act) and Hazardous Liquid Pipeline Safety Act charges;
  
  
• federal trial defense of Idaho minerals recovery facility owner in complex federal criminal prosecution relating to alleged violation of federal hazardous waste laws (alleged knowing endangerment, disposal and storage of cyanide wastes under Resource Conservation and Recovery Act - RCRA);
  
  
• defense of oil field service provider (oil drilling company subsidiary of Alaska Native Corporation) in lengthy federal Grand Jury investigation in Alaska relating to alleged hazardous waste violations on North Slope involving subsurface injection of pipe cleaning fluids (solvents) (case resolved with misdemeanor plea and pre-trial diversion of felony charges);
  
  
• defense of cruise line vessel operator in federal Clean Water Act and MARPOL investigation and prosecution in Alaska, and subsequent representation in EPA suspension and debarment proceedings;
  
  
• defense of officer of barge and bulk oil company in Alaska state criminal investigation involving alleged violation of state regulations relating to oil storage tank farms (matter resolved with misdemeanor disposition and probation sentence);
  
  
• defense of national agricultural chemical company in EPA Office of Criminal Investigations inquiry in Oregon related to alleged violation of federal laws at agricultural chemical distribution facility, and subsequent representation in administrative agency (EPA) suspension and debarment proceedings;
  
  
• defense of explosives manufacturer in federal Grand Jury investigation relating to alleged hazardous waste violations (case resolved by declination);
  
  
• defense of metals plating manufacturer in federal hazardous waste prosecution (felony Indictment resolved by misdemeanor plea and probation sentence);
  
  
• consultant to primary criminal defense counsel in defense of employee of metals plating facility (different case from matter previously referred to) in federal criminal prosecution;
  
  
• defense of Oregon rancher in federal prosecution relating to alleged felony violations of Archaeological Resources Protection Act in connection with dredge and fill case (felony Indictment resolved by misdemeanor plea and probation sentence);
  
  
• defense of fisheries company in Alaska-based federal fisheries prosecution involving the Magnuson Act and roe retention regulations;
  
  
• successful defense of a federal felony prosecution alleging disposal of hazardous wastes in violation of the Resource Conservation and Recovery Act (for facts of case, see 766 F.Supp. 873; matter resolved by voluntary dismissal of Indictment charges);
  
  
• defense of laboratory manager in EPA contractor suspension/debarment proceeding;
  
  
• defense of manufacturing facility in Oregon state grand jury investigation involving alleged environmental violations with respect to wastewater discharges;
  
  
• representation of manager of Alaska-based pulp and paper company in federal Grand Jury investigation relating to alleged regulatory violations;
  
  
• representation of facility manager of forestry products company in federal Grand Jury investigation in Eastern Washington relating to alleged regulatory violations involving PCBs (matter declined);
  
  
• defense of Alaska-based pulp and paper company in federal court civil penalty action involving allegations of improper disposal of heavy metal (lead) containing hazardous wastes regulated by RCRA.

Health Care Experience

Representation of health care entities, hospitals, and providers in government billing investigations, licensing proceedings, and internal investigations. For representative matters, click here.

Enforcement Experience

Representation of clients in government enforcement and regulatory matters, including civil, criminal, and administrative cases. For representative matters, click here.

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