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David A. Franchina

Partner
+1.704.331.7543
Fax +1.704.353.3243

Mr. Franchina focuses his practice on environmental and regulatory matters and has experience in a wide variety of substantive areas, including solid and hazardous waste, water and air pollution, wetlands and surface water reclamation, chemical regulation, environmental remediation, and occupational safety and health. In addition to representing numerous clients with respect to environmental permitting and compliance, he works with the firm's mergers and acquisitions, finance, real estate, and land use and zoning practices.

Mr. Franchina is a LEED Accredited Professional (LEED-AP), a distinction he earned through the Green Building Certification Institute. As a LEED-AP, he has demonstrated a thorough understanding of green building practices and principles, as well as the LEED Rating System.

Achievements

  • Best Lawyers in America, Environmental Law, 2005-present
  • North Carolina Super Lawyers, Environmental Law, 2007-present
  • Chambers USA: America's Leading Business Lawyers, Environmental Law, 2004-present
  • Legal Elite, Business North Carolina Magazine, 2003-present

Professional/Civic Activities

  • Charlotte Chamber of Commerce (Environmental Concern Committee, Chair, 2002-2006)
  • North Carolina Bar Association (Section on Environment and Natural Resources Law, Council Member, 2000-2003)
  • Chair, Board of Directors, Charlotte Regional Air Quality Board, 2008- present
  • Chair, Board of Directors, Carolina Raptor Center, 2011-present; member, Board of Directors, 2007-present
  • Charlotte Trolley (Past Volunteer Motorman)

Speaking Engagements

  • “Influence of Environmental Regulations on Energy Markets: Federal and North Carolina Perspectives,” continuing legal education seminar delivered in connection with Energy, Inc. conference, May 2011
  • “Complex Issues in Transactions - How to Keep Environmental Issues Under Control,” ABA Section on Environment, Energy and Resources Law, Fall meeting, San Diego, Calif., 1999
  • “Current Trends in Environmental Transactional Law,” North Carolina Bar Environment and Natural Resources Section, Annual Meeting, Atlantic Beach, N.C., 1999
  • “Emerging Trends in NC Environmental Law,” North Carolina Bar, Environment and Natural Resources Section, Annual Meeting, Asheville, N.C., 1998
  • “Identifying and Addressing Environmental Issues in a Business Law Practice,” North Carolina Bar, Business Law Section, Cary, N.C., 1998
  • Guest lecturer, environmental implications of real estate development, Kenan-Flagler Business School (University of North Carolina at Chapel Hill) and the Belk College of Business -- Univeristy of North Carolina at Charlotte, various times 2006-present
  • Advised a Brownfields redeveloper in acquiring and cleaning up a former paper manufacturing plant ready to be proposed for inclusion on the federal National Priorities List. Worked with the client, the United States Environmental Protection Agency and the North Carolina Department of Environment and Natural Resources to develop a Memorandum of Understanding to allow for the cleanup of the property while protecting the client from federal and state legal cleanup liability. After closing, worked with the client to complete the cleanup several years ahead of schedule.
  • Assisted a national discount retailer and a national outlet mall developer client in obtaining individual wetlands fill permits, on an accelerated timetable, in connection with major regional real estate development projects. In each instance, the client obtained the necessary permits within an abbreviated time period necessary to commence construction in a timely fashion, without burdensome requirements or public opposition.
  • Advised numerous commercial developers in securing Brownfields agreements to facilitate property development. To date, advice has been provided on over 50 Brownfields agreements.
  • Assisted a golf course developer in securing wetlands permits for a new golf course in the North Carolina mountains. Work included securing permits from federal and state authorities, litigating the terms of the permits with opponents of the project, and securing a settlement to the litigation.
  • Advised a client on wetlands permitting strategy in connection with its efforts to develop over 6,000 acres of land in a mixed-use, multi-phased development.
  • Defended a client from an effort by the United States Environmental Protection Agency to bar the client from government contracting.
  • Represented a developer in negotiating a prospective purchaser agreement with the United States Environmental Protection Agency. The agreement allows the developer to own a portion of a possible Superfund site and to conduct significant construction activities therein, without exposure to Superfund liability.
  • Assisted a public/private partnership in its effort to redevelop several environmentally contaminated properties to facilitate development in an economically distressed part of Charlotte, N.C.
  • Represented a developer in defending a permit issued under the Endangered Species Act.