Overview
David Heineck is an experienced environmental lawyer who counsels corporate clients as well as public entities on a broad range of federal and state environmental matters and related litigation. His clients range from Fortune 500 businesses to regional companies and local governments.
Clients know David as a skilled issue-spotter, helping them to understand possible risks and opportunities within the regulatory landscape at the federal, state, and local level. Addressing the business and regulatory circumstances unique to each client, David develops solutions tailored to the business objectives of his clients.
With more than 40 years of experience advising government entities and private sector clients in a variety of industries, David represents clients regarding:
- Responses to EPA and state requirements for remedial action and claims for NRD liability under CERCLA and similar state laws, including sites located within Indian reservations, and making and defending CERCLA-related contribution claims.
- CERCLA response cost and NRD allocation proceedings for multi-party sites.
- Determining hazardous waste management, permitting and corrective action requirements at ongoing industrial and commercial operations under the RCRA and similar state laws.
- Defense of RCRA-related enforcement actions, with an emphasis on the mineral processing sector and exclusion of waste streams from RCRA regulation under the Bevill exclusion.
- NPDES discharge permits and Section 404 wetland fill and mitigation bank permits under the Clean Water Act (CWA).
- Defending CWA enforcement actions, including citizen suit actions.
- Brownfield project permitting, including scoping and evaluation of potential environmental impacts under NEPA and SEPA.
- Water rights appropriations, transfers, banking, and associated real property transactions.
Before coming to Summit Law, David was a shareholder at Heller Ehrman White & McAuliffe in Seattle. He previously served as Associate Regional Counsel responsible for CERCLA, CWA, RCRA and other enforcement actions and NEPA defense for Region 10 at the U.S. Environmental Protection Agency and as a Special Assistant United States Attorney in the Districts of Oregon and Idaho.
Credentials
Education
- University of Washington School of Law (J.D., 1979)
- University of Washington (B.A., 1974)
Admissions
- Washington State
- Oregon
- United States District Court, Western District of Washington
- United States District Court, District of Oregon
- United States Court of Appeals for the Ninth Circuit
- United States Supreme Court
Awards & Accolades
- Listed in The Best Lawyers in America® : Environmental Law (2008-2025), Litigation-Environmental (2011-2023)
- Listed in Washington Super Lawyers (2012–2022)
- Recommended by Chambers USA 2018 as a 'Recognized Practitioner' - Environmental Law (Washington)
- Listed in Who's Who Legal: Environmental 2016
- Martindale-Hubbell AV rated
- Montclair’s Who’s Who in American Law
- Selected as a Super Lawyer, Environmental Law, by Law & Politics magazine
Experience
Representative Matters
- Responding to EPA and state requirements for remedial action and claims for NRD liability under CERCLA and similar state laws, including sites located within Indian Reservations, and making and defending CERCLA-related contribution claims;
- Representing companies at multi-party sites in CERCLA response cost and NRD allocation proceedings;
- Determining hazardous waste management, permitting and corrective action requirements at ongoing industrial and commercial operations under the RCRA and similar state laws, and defense of RCRA-related enforcement actions, with an emphasis on the mineral processing sector and exclusion of waste streams from RCRA regulation under the Bevill exclusion;
- RCRA litigation counsel to chemical processing facility in enforcement action brought by the United States involving what at the time was the largest RCRA civil penalty ever sought and which involved extensive set of Supplemental Environmental Projects in penalty mitigation;
- Ongoing RCRA counsel to major chemical manufacturing facility and regional railroad;
- Representing companies and governmental entities with respect to NPDES discharge permits and Section 404 wetland fill and mitigation bank permits under the CWA, and defending CWA enforcement actions including citizen suit actions;
- Brownfield project permitting, including scoping and evaluation of potential environmental impacts under NEPA and SEPA; and
- Assisting companies in water rights appropriations, transfers, banking, and associated real property transactions.