David Montgomery Moore practices environmental and renewable energy law, assisting clients in permitting, enforcement, litigation, and compliance.  As a biologist and attorney formerly with United States Environmental Protection Agency offices in Atlanta, Washington D.C., and New York, Dave brings a multidisciplinary problem solving and a client goal-oriented approach the practice of law.  His work has included representing clients on some of the highest profile environmental matters, including Everglades restoration, the Alabama-Florida-Georgia water issues, and precedent setting cases and decisions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Safe Drinking Water Act, Clean Water Act, and many others.  Dave is a leading renewable energy lawyer, and has assisted with legal issues under the Federal Power Act, Energy Policy Act of 2005, and more recent renewable energy incentives and credits.  Dave has provided legal advice regarding a large portion of the renewable energy resources in the Southeast, and regularly speaks on renewable energy, biofuels, and environmental issues.  At the core of climate change policy, Dave’s renewable practice has provided him extensive experience in all aspects of carbon and other greenhouse gas emissions regulation, trading, accounting and development.

Dave has extensive experience representing clients in regulation of industry and infrastructure including transportation, energy, chemical and general manufacturing, pulp and paper, water and wastewater, and coastal, shoreline development.  Dave is an experienced litigator whose specialty in permitting and development of clients infrastructure and capital projects brings a unique and valuable perspective in assisting clients in planning and meeting construction and development schedules for major projects.  In assisting clients developing substantial infrastructure and capital projects, Dave has experience in all aspects of Federal, State and local permits and approvals and includes a broad variety of areas including water (Clean Water Act, NPDES, 404 wetlands and 401 water quality, Total Maximum Daily Loads), air (stationary and mobile sources, conformity), protected species (Endangered Species Act, Magnuson-Stevens, Fish and Wildlife coordination act, state protected species provisions), marine and coastal resources (Coastal Zone Management Act, wetlands and state marsh, coastal, and submerged vegetation and habitat protection), environmental reviews (National Environmental Policy Act), Federal and state lands and properties, historic resource protection (National Historic Protection Act), transportation, safety and emergency planning and preparedness (Federal Railway Safety Act, Emergency Planning and Community Right-to-Know Act, Pipeline Safety Act, various dam safety laws).

Dave has appeared on behalf of clients in litigation, regulatory, or advocacy proceedings before a variety of Federal, state and local agencies and tribunals, including the U.S. Department of Justice, U.S. Environmental Protection Agency, Federal Energy Regulatory Commission, U.S. Department of Transportation (Pipeline and Hazardous Materials Safety Administration (PHMSA), formerly Research and Special Programs Administration (RSPA)) U.S. Department of Interior (Fish and Wildlife Service, National Park Service, Office of the Solicitor), Surface Transportation Board, the United States Congress including the Speaker of the House of Representatives, and a variety of other international, State and local agencies, elected representatives and tribunals including the International Joint Commission (Canada/U.S), states of New York, New Jersey, Ohio, Maryland, Pennsylvania, Virginia, New Mexico, North Carolina, South Carolina, Tennessee, Georgia, Alabama, Virginia, Kentucky, Florida, and Mississippi.

Dave serves on the Board of the National Hydropower Association (NHA), and has chaired its regulatory affairs committee from 2007 to 2009, and is a vice-chair of the American Bar Association Hydropower Committee.  Dave has served as an officer for the Georgia Bar Environmental Law Section and is active in the American Bar Association and regularly speaks and writes on environmental and energy law topics.  Dave is recognized as one of America’s Leading Lawyers for Environmental Law by Chambers USA (2006, 2007, 2008, 2009, 2010 and 2011), has been selected as a Super Lawyer by Law & Politics and Atlanta Magazine for the past six years (2006, 2007, 2008, 2009, 2010 and 2011).

Dave and his wife are among several founders of the Fernbank Elementary School Foundation, which supports the local public school district in DeKalb County Georgia where their two daughters attend.  Dave is a volunteer youth sports coach and Sunday school class leader.  Dave was former General Counsel for the Upper Chattahoochee Riverkeeper in Georgia and has worked with environmental organizations in the Northeastern and Southeastern United States. 

REPRESENTATIVE TRANSACTIONS

• • American Reinvestment and Recovery Act: Representing several clients regarding ARRA matters including all aspects of National Environmental Policy Act requirements and associated regulatory requirements; grant and credit applications and approvals.
  • Transportation and Energy Project Development: Assist energy and transportation companies in all aspects of permitting, licensing, compliance, and planning for regulatory matters for development and construction of new facilities energy and transportation facilities, and associated linear infrastructure (rails, roads, power lines).
  • Florida Everglades Restoration: Assist governmental client regarding permits, variances, water quality standards, and Total Maximum Daily Load issues involving the United States Environmental Protection Agency, Florida Department of Environmental Protection, and interested parties. The Everglades project is the largest wetland restoration project in the world.
  • Water Supply and Reservoir Development/Management: Represents owners of over 20 reservoirs comprising over 70,000 acres of water bodies and over 1600 miles of shoreline in all aspects of Federal Power Act compliance including licensing, shoreline management, water withdrawal charges, FERC compliance, dock fees and permits, non-exclusive licenses, related property and water rights issues.
  • Alabama-Florida-Georgia Water Wars: Represented and advised clients regarding interstate water wars between Georgia, Florida, and Alabama; previously involved in interstate compact negotiations amongst the States.
  • Renewable Energy: Currently representing renewable energy generation and development clients regarding new renewable energy project development with Department of Energy and Department of Treasury grant and tax incentives, Federal Power Act licensing and approvals, and all environmental and regulatory requirements.
  • Great Lakes Water Quality and Supply: Represented the Council of Great Lakes Industries on issues regarding water supply, water rights, and international water law involving the Great Lakes. Included addressing representatives of the Canadian Provinces of Quebec and Ontario, and governments of the eight Great Lakes states and Council of Great Lakes Governors regarding water supply, water rights, and international water laws.
  • Environmental Litigation, Enforcement and Permits: Lead attorney for a large number of environmental enforcement and litigation matters, including hundreds of U.S. Environmental Protection Agency and state agency consent and administrative orders under all areas of environmental laws (Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, CERCLA, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Toxic Substances Control Act (TSCA), et al.).
  • Water and Wetlands: Extensive experience permitting of energy, paper, textile, transportation, commercial and residential development regarding all aspects of water and wetlands, including state programs, Clean Water Act 401 certifications and water quality standards; mitigation banks and credits; development of seasonal, flow-weighted, BPJ and other limits for National Pollutant Discharge Elimination System (NPDES) permits and Part 122 requirements; Whole Effluent Toxicity (WET) and related toxic limitations; stormwater (construction; multi-sector industrial; state and local) development of Total Maximum Daily Loads (TMDLs); water quality standards issues; use attainability analyses; regulation development and comment. Dave specialized in water and wetlands enforcement and permitting while at EPA Region 4, working with a number of states in the region.

PROFESSIONAL ACTIVITIES

• Listed in Chambers USA, America's Leading Lawyers for Business, Environment (2006-Present)
• National Hydropower Association (NHA)
• Georgia Industrial Environmental Coalition
• Pipeliners Club
• Air and Waste Management Association
• Georgia Association of Water Professionals
• Metro Atlanta Chamber of Commerce
• Metro Atlanta Chamber of Commerce Sustainability Committee
• American Bar Association
• ABA Hydropower Committee - Vice Chair
• ABA Section on Natural Resources and the Environment
• Atlanta Bar Association
• State Bar of Georgia
• State Bar of Georgia: Environmental Law Section
  

PRIOR EMPLOYMENT

• Troutman Sanders, LLP -2005-2009 (Partner); 2000-2005 (Associate)
• U.S. Environmental Protection Agency, 1992 - 1995; 1997 - 2000; EPA Region IV (Atlanta) and EPA Headquarters (Washington, D.C.)
• General Counsel, Upper Chattahoochee Riverkeeper, 1995-1997
• Legal internships with EPA Region II (New York 1990-91), Hudson Riverkeeper (1991).
• Adjunct Professor of Law, Emory School of Law, 2003, 2004 and 2012

NEWS

PUBLICATIONS

Speaking Engagements