David Arthur Terry

David maintains a robust federal, state, and administrative litigation and regulatory practice in the environmental and natural resources arena. He is an experienced litigator with a deep understanding of regulatory compliance related to all forms of environmental media across diverse industry sectors. David is skilled in all phases of litigation, including discovery, taking and defending depositions, drafting and arguing motions, and court appearances.

David counsels clients on a wide range of environmental matters, including carbon capture and storage projects, the Clean Air Act, Clean Water Act, Toxic Substances Control Act, and other environmental statutes, providing guidance on regulatory compliance, permitting, and risk management. He regularly advises on air regulatory and permitting issues involving facility air emissions, hydrofluorocarbons (HFCs), and other air quality concerns. He has significant experience in the upstream and midstream space on EPA’s Subpart OOOO, OOOOa, and OOOOb regulations related to volatile organic compounds (VOCs) and methane emissions.

David handles enforcement and crisis management matters, assisting clients in responding to federal and state enforcement actions, regulatory investigations, mitigating risk exposure, and representing them through final resolution or adjudication. He also maintains a vigorous regulatory advocacy practice, having successfully argued for EPA’s reconsideration of its methane regulations related to upstream and midstream oil and gas activities and the Technology Transitions Rule. He advises on complex infrastructure projects, including deep water port and offshore matters, and regulatory credit programs, such as EPA’s Renewable Fuel Standard Program and the generation of RINs credits, helping clients navigate the evolving regulatory landscape and achieve their business objectives.

• Provided compliance counseling and guidance to industry clients on their advanced recycling programs.
• Represents upstream and midstream clients in compliance and enforcement related matters.
• Represents clients in contested case proceedings relating to TCEQ and Railroad Commission of Texas permitting matters.
• Successfully represented grocery store trade association in advocating for the reconsideration of EPA’s Technology Transitions Rule.
• Advises biogas production clients on EPA’s RFS Program and the generation of RINs credits and assists in structuring contracts to meet regulatory requirements.
• Represents Texas Oil and Gas Association in the EPA’s reconsideration of 40 C.F.R. part 60, Subpart OOOOb and c related to methane emissions standards in the production of oil and gas.
• Provides compliance counseling and advice to clients in a wide array of industries, including supermarkets and semiconductor manufacturers, on the AIM Act, HFC Allowance Allocation Program, Technology Transitions Rule, HFC Leak Detection and Management Rule, and state-based HFC regulations.
• Represents construction industry client in a civil enforcement matter brought by the Maryland Attorney’s General Office related to stormwater.
• Represented commercial sterilization client in an enforcement action related to EPA’s ethylene oxide standards.
• Represented HVAC industry client in an EPA enforcement action involving the HFC Allowance Allocation Program.
• Represented the TCEQ, Texas Parks and Wildlife Department, and General Land Office in enforcement lawsuits and natural resource damage assessment (NRDA) actions.
• Managed a complex docket of 20+ enforcement cases involving all types of environmental media.
• Served on the litigation team against a Global 500 vehicle manufacturing company (and its affiliated entities) sued for tampering with diesel vehicle emissions controls across the State of Texas. The eight-year litigation resulted in an $85 million settlement in favor of Texas. Deposed the Global 500 vehicle manufacturing company’s General Counsel and participated in other noteworthy depositions.
• Served on OAG’s PFAS litigation team as part of a large multi-state NRDA action against major chemical manufacturers related to the manufacturing and release of PFAS. Worked closely with other state attorney general offices in developing a case management plan and potential strategies for resolution.
• Served as lead counsel in a civil enforcement action against a major refinery for emissions events occurring at its facility. The matter settled for $2.6 million in civil penalties and attorneys' fees.
• Served as lead counsel for the State of Texas in an NRDA action related to a barge spill. The matter settled for $15.3 million to be used by federal and state trustee agencies to restore and rehabilitate the natural resources damaged by the spill.
• Served as lead counsel in civil enforcement actions against a bulk storage terminal and a refinery for unauthorized emissions from the defendants’ facilities that occurred during Hurricane Harvey. Both entities asserted an “Act of God” affirmative defense. Obtained favorable settlements for civil penalties in both matters to the client-agency’s satisfaction.

• Austin Bar Association, Environmental Law Section, Chair 2017-2018, Chair-Elect 2016-2017
• Austin Bar Association, Civil Litigation Section
• University of Houston Law Center, Environmental & Energy Law & Policy Journal, 2010-2011