- Mr. Butterworth won complete jury verdict for defense, after one week trial in suit alleging illegal disposal of contaminants and debris on neighboring property, and successfully defends post-trial motions and equitable claims.
- Serving as General Counsel and Secretary to Allergy Technologies, LLC, the producer of ActiveGuard™ - A patented product that kills house dust mites in bedding. Dust mites produce allergens that can trigger symptoms of asthma, eczema, and respiratory allergies (allergic rhinitis). Long lasting ActiveGuard™ eliminates dust mites in mattresses for up to two years.
- Serving as General Counsel and CEO to Biosolids Ventures, Inc., a company dedicated to managing biosolids by producing value-added products, including preparation and successful promotion of Private Placement Memorandum, preparation and negotiation of various joint venture agreements and other strategic partnerships, negotiation of municipal contracts, interfacing with Economic Development Agencies, site selection, zoning, and permitting matters.
- Assist with the approval of the subdivision of a 129 acre site in Chester County, Pennsylvania. The site presented significant environmental issues, and was the subject of remedial actions under the Pennsylvania Land Recycling Act, applying residential standards, allowing for the approval of subdivision plans for residential development. A significant element in obtaining subdivision approval was obtaining environmental liability insurance for property.
- Assist with the acquisition, including financing, of an 18-hole golf course constructed on a former industrial site, which was the subject of response actions, applying site-specific standards, approved under the Pennsylvania Land Recycling Act.
- Successfully defended clients in the trial of an action asserting claims of environmental contamination, trespass, and nuisance, on property abutting our client's property. Jury returned verdict of no liability for our clients.
- Prepared the "Environmental Risk Management Policy" and the "Environmental Risk Management Procedures Manual" for major financial institution, and assisted with implementation of the Policy and Procedures.
- Provided Environmental Risk Management Training Seminars to officers and managers of regional and national financial institutions.
- Negotiated "Prospective Purchaser Agreement" with the U.S. Environmental Protection Agency for a client seeking to purchase semi-conductor manufacturing facilities located at a site on the National Priority List, resolving potential environmental liabilities prior to the client’s purchase. Also negotiated mortgage-based financing documents with public development authority and private financial institution, to provide operating funds for the client.
- Performed environmental due diligence in commercial transactions with values ranging from under one million to hundreds of millions of dollars.
- Advised, counseled and assisted client in obtaining solid waste management permit for on-site, captive residual waste landfill.
- Negotiated favorable settlement agreement for company that was alleged to be responsible for the contamination of public drinking water supply wells that were owned and operated by a municipal authority.
- Prosecuted successful administrative appeals of National Pollution Discharge Elimination System permits, obtaining acceptable water-quality based limits and technology based limits.
- Negotiated agreements between potentially responsible parties ("PRPs") at Superfund Sites for the formation and management of PRP groups, and conducting negotiations on behalf of PRP groups with EPA resulting in more favorable cleanup standards and terms of settlement.
- Represented numerous clients in complex, multi-party litigation concerning the allocation of cleanup costs.
- Defended against administrative complaint, seeking over $1.2 million in penalties for alleged violations of the Resource Conservation and Recovery Act, reaching a settlement for less than $100,000 without a hearing.
David G. Butterworth
Friday, November 8, 2013