David
M.
Moore
Partner
Atlanta
Business Phone:
404.885.3326
Business Fax:
404.962.6636
david.moore@troutmansanders.com
Vcard
Mr. Moore is a partner in Troutman Sanders’ Atlanta office in the firm’s energy, environmental and natural resources practice groups. He joined the firm in 2000 after serving as an attorney in the United States Environmental Protection Agency’s Washington, D.C. and Region 4 offices, and serving as general counsel for a professional environmental organization. Mr. Moore graduated cum laude from the nationally recognized Environmental Law Program at Pace University School of Law (1992), and has a B.S. in Biology from the University of South Florida (1989).
Mr. Moore is an advisory board member of the National Hydropower Association; he is recognized as one of America's Leading Lawyers for Environmental Law by Chambers USA (2006); selected as a Super Lawyer by Law & Politics and Atlanta Magazine for Environmental/Land Use law (2006-2007); is a member of the Institute for Georgia Environmental Leadership (IGEL, Class V); and has served on a variety of local, state, and national committees.
Mr. Moore has represented entities in a variety of sectors: energy and power production, including renewable power and fuels; transportation, including rail and trucking activities and infrastructure; governmental entities, including state water management districts and other state political subdivisions, counties, and cities; manufacturing, including chemical, paper, and other manufacturing; agribusiness, farm and poultry operations.
Representative Experience
Everglades Restoration: Represent water management district regarding Everglades restoration permitting, water quality, and associated matters.
Represent several hydropower and other renewable energy facilities in licensing and litigation under the Federal Power Act, and associated CWA, Section 401 and water quality standards, NEPA, ESA, CZMA, WRDA, Historic Preservation Act, and Fish and Wildlife Coordination Act requirements and issues.
Interstate Water Dispute involving Alabama, Florida, and Georgia and various users of water in those states regarding water supply, individual and interstate water rights; participated in negotiation and drafting of Apalachicola-Chattahoochee-Flint Interstate Compact; Alabama-Coosa-Tallapoosa Compact which were enacted by the United States Congress, President, and the states of Alabama, Florida and Georgia.
Counsel for power companies for NPDES permitting, plant siting, renewable energy production, wetlands permitting, utility line construction, and other infrastructure issues.
EPA enforcement defense: currently counsel for over a dozen EPA enforcement cases, including administrative and civil matters involving water, stormwater, construction permits, industrial permits, pretreatment, release reporting, wetlands and waters of the United States. Recently convinced EPA to drop several enforcement actions based upon legal arguments related to definition of waters of the United States; obtained penalty reductions in numerous cases.
Successfully defended environmental justice based challenge to $ 6 million CERCLA cleanup; handled numerous RCRA, CERCLA, and state hazardous waste cleanups.
Areas of expertise include: Clean Water Act (including NPDES, TMDLs, water quality standards); Safe Drinking Water Act; Oil Pollution Act; Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund); DOT Research and Special Programs Administration; Emergency Planning and Community Right to Know Act, Federal Insecticide, Fungicide and Rodenticide Act, and natural resource issues; National Environmental Policy Act; Endangered Species Act, Coastal Zone Management Act; Water Resources Development Act; Federal Power Act.
Publications
Quoted in “High Expectations for Climate Work,” Fulton County Daily Report December 1, 2008
"Selecting a Licensing Process: Which Approach is Best for Your Project?" Hydro Review Magazine (October 2006)
“Water Law and Policy in Georgia,” Georgia Bar, Environmental Law Section (2005)
“The Role of Water Rights and Georgia Law in Comprehensive Water Planning for Georgia,” Georgia Chamber of Commerce (2002)
“Toxicity Characteristic Leaching Procedure: Is EPA following Congress’ mandate?” 7 Tulane Environmental Law Journal, Issue 1 (1993).
“The Divisibility of Harm Defense to Joint and Several Liability Under CERCLA,” 23 Environmental Law Reporter 10,529 (Sept. 1993).
“Pre-enforcement Review of Administrative Orders to Abate Environmental Hazards,” 9 Pace Environmental Law Review 675 (Spring 1992).
Presentations and Speaking Engagements
“Impacts of Drought on Hydropower,” National Hydropower Association Southeast Regional Meeting, December 3, 2008.
“Biofuels: Federal Tax Credits and Incentives,” U.S. Environmental Protection Agency, Region 4, Biofuels Conference, November 19, 2008.
“Challenges to Effective Climate Change Policy,” Georgia Bar, Environmental Law Section Summer Seminar, July 2008.
“Water, Drought, and Energy,” National Association of Regulatory Attorneys Annual Conference, June 9, 2008.
Water and Wetlands Law in the Southeast, Ethics, Professionalism and Water Law (February 21-22, 2008)
"Hydropower in a Carbon-Constrained Future - Opportunities and Challenges," Electric Power Research Institute Workshop, January 30-31, 2008.
“Water: Policy, Planning, Rights, Fights, Wars & Litigation,” Georgia Industry Environmental Coalition (2007).
“Integrated Licensing Process under the Federal Power Act,” National Hydropower Association Annual Conference (2005).
“Transboundary Water Issues,” World Water and Environmental Resources Congress (2004)
“Stormwater Permitting and Enforcement” Georgia Environmental Law Summer Seminar (2004)
“Georgia Water Law,” National Business Institute (2002, 2003, 2004)
“Interstate Water Disputes,” ABA Annual Update (2003).“Appalachicola Chattahoochee Flint Compact Update,” Florida Bar, Environment and Land Use Law (August 2002)
“Great Lakes Water Law: Issues and Policy,” Council of Great Lakes Governors, Quebec (2002)
“TMDLs: This is where it gets interesting,” ABA Annual Conference, Chicago (Fall 2001)
“Stormwater Issues,” American Bar Association, Env. Issues in Region 4, (Spring 2001).
“Protection of Water Quality: Defining Total Maximum Daily Loads,” Key Issues in U.S. EPA Region IV, (Nov. 21-22, 1996).
“Citizen Enforcement of Environmental Laws,” Georgia Adopt-A-Stream Conference (Fall 1996).
Frequent lecturer at colleges and universities, including Emory School of Law, Georgia Institute of Technology, Georgia State School of Law, University of Georgia School of Law.
Other Distinctions
Selected as a Georgia Rising Star in Environmental/Land Use by Law & Politics and Atlanta Magazine (2005).
Selected as a Super Lawyer by Law & Politics and Atlanta Magazine for Environmental/Land Use law (2006-2008).
Recognized as one of America's Leading Lawyers for Environmental Law by Chambers USA (2006).