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B. David Naidu

Partner
+1.212.536.4864
Fax +1.212.536.3901
David Naidu has more than 20 years experience with advising clients on diverse set of environmental and land use issues in the transactional, litigation and regulatory compliance contexts . He has advised clients on potential environmental risks and liabilities in mergers and acquisitions, divestitures, real estate leases, brownfield redevelopment, and financing regarding oil, gas, wind and solar facilities, pipelines, office buildings and manufacturing and pharmaceutical plants. He also possesses extensive experience in complex multi-party litigation in state and federal courts involving contaminated waterways, landfills, oil spills, and contaminated industrial sites covering claims and defenses under CERCLA (Superfund), Clean Water Act, Clean Air Act and RCRA.

Professional Background

Prior to joining K&L Gates, Mr. Naidu was an environmental associate for a New York law firm. He has written several articles on the environmental subjects, including a treatise published by the Oxford University Press entitled Biotechnology & Nanotechnology Regulation Under Environmental, Health, and Safety Laws (2009).

Achievements

  • SuperLawers, New York Metro Region (2019)

Professional/Civic Activities

  • City of Summit Council President and Councilmember (2016-present)
  • City of Summit Planning Board Member (2010 - present)
  • City of Summit Planning Board Member (2010 -2018)
  • City of Summit Environmental Commission Member (2006 - 2015)
  • The Summit Conservancy, Vice-President (2014-present)

Speaking Engagements

  • Presenter, “FIFRA and Nanotechnology,” webinar presentation for The Knowledge Congress, 2010.
  • Presenter, “Nanochemicals and Navigating the Regulatory Patchwork,” webinar in conjunction with the Nanobusiness Alliance and American Chemistry Council, 2010.
  • Presenter, Securing the Promise of Nanotechnology, “Risks and Regulation for Industry,” presentation at the Environmental Law Institute’s 40th Anniversary Symposium, 2009.
  • Presenter, “Admission of Soil and Groundwater Samples and Analytical Results at Trial,” presentation at the Air and Waste Management Association Annual Conference, 2007.

Litigation Experience

  • United States v. New York Racing Association. Representation of clients in connection with a Clean Water Act claim and impacts to Jamaica Bay.
  • Department of Planning and Natural Resources, et al. v. Century Aluminum Company, et. al. (D.V.I.). Representation of clients in a natural resource damages litigation involving alleged groundwater and marine environment damages.
  • United States v. 110 Sand Company et al. (E.D.N.Y.) Representation of owners and operators of construction and demolition debris landfill against federal government claims that landfill emissions violated the Clean Air Act.
  • New Jersey Department of Environmental Protection et al. v. Novartis Corp. et al. (NJ). Representation of an industrial PRP group at a Superfund site against state claims of alleged natural resource damages due to groundwater contamination.
  • CBS Corp. v. Metro Fuel Corp., et al. (NY). Representation of the major broadcaster for damages to its television studio due to a contractor flooding the basement with oil.
  • State of New York v. AMETEK, Inc. et al.; AMETEK, Inc. v. Kraft Foods North America, et al. (S.D.N.Y.). Representation of an industrial PRP group in defense and settlement with the State for a site in upstate New York; and prosecution of contribution claims against more than 40 municipalities and a number of industrial defendants.
  • Shulman et al. v. Chromatex Inc.; United States v. Chromatex, Inc. (E.D. Pa). Representation of passive owners of a property against demands from the federal government for remediation costs; and prosecution of contribution and indemnification claims against former operators of the property.
  • United States v. Atlas Tack Corporation (D. Mass). Representation of owners of a former industrial facility against federal government’s CERCLA cost recovery action.
  • Ciba-Geigy Corp. v. Liberty Mutual Ins. Co., et al. (NJ). Representation of former owners and operators of industrial facility in a suit against various insurance companies.

Recent Transactional Experience

  • Client—acquisition, financing and development of solar facilities in New York.
  • Client—acquisition of a paper processing mill in Virginia.
  • Client-—acquisition and development of a hydroponic facility in New Jersey.
  • Client—permitting of a gas-fired power plant in New York.
  • Client—acquisition of, or bidding on, power plants in Arizona, Connecticut, Maine, Rhode Island, Massachusetts.
  • Client—sale of hydroelectric power plants in Maine and New York.
  • Client—financing of acquisition of petroleum company assets in Texas, Wyoming, and Colorado.
  • Client—sale of two former cement quarry properties in New York.
  • Client--acquisition of pharmaceutical manufacturing facilities in India and Connecticut.
  • Client --financing of acquisition of wind and solar facilities in Wisconsin.

Contamination Matters

  • Representation of a consortium of companies on the Lower Passaic River concerning sediment contamination.
  • Represented a company regarding sediment contamination at Newtown Creek.
  • Representation of a consortium of companies at the Sharkey Farms Landfill
  • Represented a consortium of companies at the Croton Point Landfill.