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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 electric generation facilities powered by coal, natural gas, and biomass; coal mining and preparation facilities; solid waste landfills; and facilities that manufacture roofing products, concrete, metal pipe, yeast, and lime.

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

    During the past several years, my practice has focused on representing clients faced with significant new regulatory burdens. This work involves responding to government information requests before a proposed rule is issued, analyzing proposed rules and submitting comments to the agency, challenging final rules in federal appellate courts, 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
  • Texas regional haze litigation: Counsel of record for electric utility in challenge to EPA’s 2016 regional haze rule impacting Texas and Oklahoma.  Successfully obtained a stay of the final rule from the Fifth Circuit and opposed EPA’s motion to transfer the appeal from the Fifth Circuit to the D.C. Circuit. See Texas v. EPA, 829 F.3d 405 (5th Cir. 2016). (2014-2017)
  • 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. Successfully defended the Corps’ revised permit at the Eleventh Circuit in 2016 after previously obtaining a remand without vacatur in 2015. See Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Eng’rs, 833 F.3d 1274 (11th Cir. 2016); Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Eng’rs, 781 F.3d 1271 (11th Cir. 2015). (2014-2016)
  • Comments on various CAA rulemakings: Draft and develop comments for electric utility in response to (1) EPA’s 2017 proposal to impose source-specific best available retrofit technology (BART) requirements on Texas electric generators; (2) EPA’s 2016 proposal to remove Texas from the Cross-State Pollution Rule (CSAPR); (3) EPA’s 2016 proposal to revise its regional haze regulations for the second planning period; and (4) EPA’s 2015 proposal to update CSAPR with the 2008 ozone national ambient air quality standards (NAAQS). (2015-2017)
  • Ongoing CAA litigation: Counsel of record for electric utility in D.C. Circuit challenges to EPA’s CSAPR Update Rule and 2017 revisions to the Regional Haze Rule. (2016-2017)
  • 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)
  • 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