Lawyers / Professionals

 
David L. Rieser       
Partner
77 West Wacker Drive
Suite 4100
Chicago, Illinois 60601-1818
T: 312.849.8249
F: 312.920.7231
drieser@mcguirewoods.com
 

Mr. Rieser has focused his practice in environmental law since 1980. He represents clients in all areas of environmental law including regulatory and enforcement matters, corporate and real estate transactions, government and private cost recovery actions, compliance counseling, and remediation of contaminated sites.


Representative Matters
  • Legislative and Regulatory Matters
    • Represented chemical trade association in efforts to prevent U.S. Army Corps of Engineers from closing the Chicago Waterways System to limit the migration of Asian Carp.
    • Represented power generating company in state administration proceedings to develop regulations to control mercury emissions from coal-fired power plants.
    • Represented power generating company in obtaining water permit allowing use of a fabric barrier to reduce impact of cooling water intake structure.
    • Represented power generating company in responding to request for information regarding Clean Air Act issues.
    • Represented industrial trade groups in drafting and negotiating Illinois Site Remediation Act and associated regulations. These include the Tiered Approach to Corrective Action Objective (TACO) regulations which set risk based cleanup standards, the Site Remediation Program regulations which set the procedure for voluntary cleanups and the Proportionate Share Liability regulations. Mr. Rieser serves on the Illinois Site Remediation Advisory Committee to oversee the development and implementation of these and other regulations relating to remediation.
    • Represented petroleum industry trade group in negotiating underground storage tank (UST) in Illinois, regarding operation and maintenance, remediation and reimbursement from the UST Fund.
    • Represented power generating company in regulatory proceedings to adopt State Implementation Plan relating to emissions of nitrogen oxides (NOx) from power plants to comply with federal Clean Air Act requirements.
    • Obtained site specific regulatory relief from the Illinois Pollution Control Board for steel facilities seeking to modify thermal water quality standards, and for petroleum refinery seeking revised ammonia nitrogen effluent limits.
    • Obtained federal corrective action orders for hazardous waste facilities including risk based corrective action objectives for investigating and remediating site contamination.
  • Litigation Matters
    • Representing a coalition of business trade associations which has intervened as defendants to fight Great Lakes states' injunction action to close locks on Chicago Waterway System.
    • Representing manufacturing company in arbitration proceeding regarding interpretation of remediation agreement.
    • Represented railroad in state enforcement proceedings relating to fuel spill; obtained a no penalty determination.
    • Represented power generating company in favorable settlement of federal New Source Review enforcement actions.
    • Obtained favorable ruling from 7th Circuit for railroad seeking to bring cost recovery action under state law despite discovery of contamination after bankruptcy bar date.
    • Participating in resolution of multiparty corrective action litigation for NPL site.
    • Represented dry cleaner in injunction action seeking complete remediation of contaminated site.
    • Represented Fortune 100 food manufacturer in action to maintain trade secret confidentiality for operations in context of air permit application.
    • Obtained Administrative Orders on Consent for Notices of Violation under Clean Air Act for failure to respond to information order and for mishandling of CFC materials.
  • Underground Storage Tanks
    • Obtained restricted and unrestricted No Further Action Letters for several developer and industrial clients.
  • Commercial Transactions
    • Represented numerous buyers and sellers of commercial and industrial property including obtaining and reviewing environmental property and compliance audits, drafting contract language and obtaining environmental insurance to secure transaction. Matters include $300 million sale of utility assets, purchase of assets of European manufacturer with facilities in four countries and sale of $70 million office building with ongoing contamination.
  • Environmental Insurance Coverage
    • Represented excess insurer in numerous actions regarding coverage for environmental damages.

Practices & Industries
Honors
  • Named One of America's "Leading Lawyers," Chambers USA, 2008, 2009, 2010
  • Received Regulatory Affairs Award from Chemical Industry Council of Illinois, 2009
  • Named an Illinois "Super Lawyer," Law & Politics, 2006
  • Named a Leading Lawyer in Environmental Law by the Leading Lawyers Network

Previous Experience
  • Partner, Ross & Hardies, Chicago, Illinois

Publications
  • "Beyond CAIR: EPA Proposes Tough New Transport Rules," McGuireWoods Legal Updates, August 3, 2010
  • "'If you mention extortion one more time ...' D.C. Circuit Court Holds CERCLA Unilateral Orders Constitutional," McGuireWoods Legal Updates, July 8, 2010
  • "Hazardous Choice: EPA Proposes Competing Coal Ash Rules," McGuireWoods Legal Updates, June 14, 2010
  • "EPA Proposes More Stringent National Ozone Standard," McGuireWoods Legal Updates, January 13, 2010
  • "EPA Issues Final Greenhouse Gas Reporting Rule," McGuireWoods Legal Updates, October 28, 2009
  • "EPA Issues Final GHG Reporting Rule," McGuireWoods Legal Updates, September 25, 2009
  • "7th Circuit Approves Vague Injunctions for Site Remediation," McGuireWoods Legal Updates, September 8, 2009
  • "Court Shoots Down CERCLA Claims Against Gun Club," McGuireWoods Legal Updates, August 5, 2009
  • "EPA Issues GHG Endangerment Finding: A First Step Toward Regulation Under the Clean Air Act," McGuireWoods Legal Updates, April 22, 2009
  • "Off the Hook: Supreme Court Approves Cost Benefit Analysis in Regulations for Power Plant Intake Structures," McGuireWoods Legal Updates, April 7, 2009
  • "DC Circuit Remands USEPA's 2006 PM 2.5 NAAQS," McGuireWoods Legal Updates, March 3, 2009
  • "Bad Medicine: A New Approach to Hazardous Pharmaceutical Waste," McGuireWoods Legal Updates, January 26, 2009
  • "DC Circuit Strikes Down NESHAP Startup, Shutdown and Malfunction Regulations," McGuireWoods Legal Updates, December 24, 2008
  • "Reversal of Fortune: DC Circuit Vacates CAIR Vacatur," McGuireWoods Legal Updates, December 23, 2008
  • "Carbon Smart Underwriting," Co-authored with Patricia Sharkey, Environmental Bankers Association, August, 2008
  • "Tenth Circuit Lowers Bar Even Further for Imminent and Substantial Endangerment Under RCRA," McGuireWoods Legal Updates, October 11, 2007
  • Undue Diligence - The USEPA Proposed All Appropriate Inquiry Rules, Lake Michigan States Section, Air & Waste Management Association Newsletter, September 2004
  • In State Consultant for Illinois in Brownfields Law and Practice Guide, Published by Lexis/Nexis Matthew Bender
  • Author of Chapter "Institutional Controls in Illinois," Implementing Institutional Controls at Brownfields and Other Contaminated Sites, edited by Amy Edwards, Published by ABA Section of Environment, Energy and Resources

Classes Taught
  • Adjunct Professor, Loyola University Chicago School of Law

Speaking Engagements
  • "Clean Air Update," Chemical Industry Council of Illinois, June 22, 2010
  • "RCRA Here and Now: Legal Update and Perspective," Air & Waste Management Association, Organizing Committee Member and Speaker, May 20, 2010
  • "Compliance Challenges - Wastewater Discharge and Water Resources," Renewable Fuels Seminar, Co-sponsored by McGuireWoods, Weaver Boos Consultants, Illinois Renewable Fuels Association, and Illinois Corn Growers Association, April 8, 2010
  • "Climate Change Litigation," 2010 CSX CLE Conference, March 22, 2010
  • "Environmental Law for Transactional Attorneys," Presented at McGuireWoods, March 3, 2010
  • "Asian Carp and the Threat of Lock Closures," Three Rivers Manufacturers' Association, February 23, 2010
  • "Counting Carbon: EPA's Final GHG Report," Chemical Industry Council of Illinois GHG Reporting Rule Seminar, December 8, 2009
  • "Do No Harm: The Impact of Climate Change Regulations and Other Environmental Issues on Healthcare Facilities," McGuireWoods Webinar, October 21, 2009
  • "Counting Carbon - EPA's Proposed GHG Reporting Rule," McGuireWoods Webinar Presented with Jane Whitt Sellers, April 2, 2009
  • "Comprehensive Environmental Response Compensation and Liability Act," CHMM Certification Overview Course, December 3, 2008
  • "Up in the Air: EPA's Proposed Amendments to TACO regarding Vapor Intrusion," Chemical Industry Council of Illinois, RCRA Overview, October 22, 2008
 

EDUCATION

Washington University School of Law, St. Louis, Missouri, J.D., 1980

University of Chicago, Chicago, Illinois, B.A., General Honors, 1977

 
 

ADMITTED

Illinois

U.S. District Court for the Central District of Illinois

U.S. District Court for the Northern District of Illinois (Trial Bar)