David Friedland is a Principal in the Washington, DC office of Beveridge & Diamond, P.C. He is current chair of the Firm’s Air & Climate Change Practice Group, and past chair of the Firm’s Environmental Practice Group. He formerly served as chair of the Air Quality Committee of the ABA’s Section on Environment, Energy and Resources.
Mr. Friedland’s practice touches every aspect of the regulation of air pollution under the Clean Air Act and state and local air pollution statutes and regulations. On the regulatory side, he has helped companies and trade associations prepare comments on scores of proposed rules including revisions to the ozone and particulate matter NAAQS, several rounds of PSD/NSR regulations (e.g., the “WEPCO” rule in 1992, the “NSR Reform” rule in 2002, the “equipment replacement” rule in 2003, and the “Duke hourly rate” rule in 2006), numerous MACT standards (e.g., the aerospace, coil coating, site remediation, medical waste incinerator, offsite waste and recovery, wool fiberglass, hazardous waste combustors, and “MON” rules), the “credible evidence” rule, federal and state Title V rules, and state and local rules (e.g., CARB rules for off road diesel engines and large spark ignition engines). He has litigated many of these rules in the D.C. Circuit and elsewhere either as an industry petitioner or as an intervenor in suits brought by environmental groups. Most of these cases have resulted in favorable settlements (e.g., litigation relating to the MON, the organic liquids distribution MACT, the aerospace MACT), while others have resulted in published opinions. See, e.g. Sierra Club v. EPA , 167 F.3d 658 (D.C. Cir. 1999); Cement Kiln Recycling Coalition v. EPA , 255 F.3d 855 (D.C. Cir. 2001).
Once the rules are in place, Mr. Friedland counsels a wide range of companies on compliance. His clients include petroleum refineries, synthetic chemical manufacturers, cement and glass manufacturers, pharmaceutical producers, consumer products manufacturers, waste management entities such as landfills and waste to energy facilities, can manufacturers, and trade associations representing numerous industries such as the airlines, road and home building, and chemical companies. Day to day counseling issues include compliance with the complicated preconstruction permitting requirements of the federal and state PSD/NSR programs; compliance with the plethora of MACT/NESHAP and NSPS standards; responses to over fifty Section 114 requests for a diverse group of companies; and counseling on a wide range of Title V questions, including the application for, amendment and appeal of, and certification of compliance with, these permits that are often hundreds of pages long.
Mr. Friedland has been selected for inclusion in 2015-2018 editions of The Best Lawyers in America , the 2013-3017 editions of Super Lawyers , and is recognized as a leading U.S. practitioner in environmental law by Chambers USA and also by Law Business Research's International Who's Who of Environment Lawyers.
In addition to his environmental law practice, Mr. Friedland is very active in pro bono work. He heads up a team of lawyers who conduct multi-week environmental education classes each year for sixth graders at the Birney Elementary School in Anacostia. Among other things, the students learn about, and then purchase and retire, sulfur dioxide allowances in EPA’s annual SO2 auction, thereby reducing the overall amount of pollution that is allowed to be emitted each year by factories and power plants.