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David W. Mitchell

Partner Washington
(202) 661-6341
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Education
  • The University of Alabama School of Law
    J.D., 2009, magna cum laude;  Alabama Law Review, Articles Editor
  • Furman University
    B.A. Earth & Environmental Science, B.A. Political Science, 2006
Bar Admissions
  • Alabama, 2009
  • Texas, 2016
  • District of Columbia, 2017
About David
Q&A
  • What types of clients do you represent?

    I primarily represent industrial clients and trade associations.  Some of the industrial clients I represent own and operate the following types of facilities: (1) electric generation facilities powered by coal, gas, nuclear, and biomass; (2) coal mining and preparation facilities; (3) various manufacturing and processing facilities (roofing products, concrete, metal pipe, yeast, lime); (4) solid waste landfills; and (5) railroads.

  • What type of matters do you work on most often?

    Much of my practice centers around the administrative rulemaking process: responding to government information requests before a proposed rule is issued, analyzing proposed rules and submitting comments to the agency, litigating final rules in federal court, and providing regulatory compliance advice once a rule becomes final.

     

  • What previous experiences, prior to your work at Balch, influence your practice?
  • Which Courts or agencies do you most often appear before on behalf of your clients?
MORE ABOUT David
  • Regional haze litigation: Counsel of record for electric utility in challenge to EPA’s regional haze rulemaking in Texas and Oklahoma. (2016)
  • Nationwide permit litigation: Counsel of record for trade association and coal mining companies as intervenors in support of the U.S. Army Corps of Engineers’ issuance of Nationwide Permit 21. (2014-2016)
  • EPA coal ash rule: Draft comments for electric utility in response to EPA’s proposed coal ash rule (2010) and advise electric utility on compliance with EPA’s final coal ash rule. (2015-2016)
  • EPA information requests: Manage and respond to EPA information requests under Section 114 of the CAA and Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). (2009-2012, 2014, 2016)
  • CWA enforcement: Respond to EPA notice of violation regarding alleged CWA violations at industrial facility. (2012)
  • Cross-State Air Pollution Rule (CSAPR): Draft comments for electric utility in response to EPA’s proposal to update CSAPR with the 2008 ozone national ambient air quality standards (NAAQS). (2016)
  • Property transactions: Advise clients with respect to CERCLA liability and availability of state Brownfields programs. (2011, 2014-2015)
        Education
        • The University of Alabama School of Law, J.D., 2009, magna cum laude;  Alabama Law Review, Articles Editor
        • Furman University, B.A. Earth & Environmental Science, B.A. Political Science, 2006
        Courts
        • U.S. Court of Appeals for the Fifth Circuit, 2016
        • U.S. Court of Appeals for the D.C. Circuit, 2015
        • U.S. Court of Appeals for the Eleventh Circuit, 2014
        • U.S. District Court, Northern District of Alabama, 2014
        Bar Admissions
        • Alabama, 2009
        • Texas, 2016
        • District of Columbia, 2017
        Professional Affiliations
        • Alabama State Bar
        • State Bar of Texas - Environmental and Natural Resources Law Section
        • American Bar Association - Section of Environment, Energy, and Resources
        • Rocky Mountain Mineral Law Foundation