David W. Wagner

Associate

Education

  • American University Washington College of Law, 1997, J.D., Member, The American University Law Review
  • George Washington University, 1995, M.A., Environmental and Natural Resource Policy, Thesis: "Do We Need Another Planet? Use of Public Policies to Stabilize World Population Growth."
  • Pennsylvania State University, 1987, B.S., Public Health, minor in Business

Professional Admissions / Qualifications

  • District of Columbia
  • Pennsylvania

Dave's practice focuses on domestic and international environmental matters, including selected state and federal regulatory and compliance counseling for manufacturing and energy clients under air, waste, water, chemicals, and pesticides laws and regulations. He also advises chemicals manufacturing and electronics companies on compliance with chemicals-related market access regulations, including REACH, RoHS, and other national-level chemical and import notification schemes.

Further, Dave litigates environmental matters, including CERCLA, and was the primary author of several briefs in a $20 million CERCLA cost recovery case that addressed novel issues following United States v. Atlantic Research Corporation. In the case, the U.S. Supreme Court recently let stand a ruling that CERCLA’s contribution section provides the exclusive remedy for a liable party compelled to incur response costs under an administrative settlement. The Supreme Court’s rejection of the petition followed the circuit court’s affirmance of summary judgment in early 2011.

With respect to matters related to greenhouse gas emissions, he was one of the core contributors to the development and drafting of the Carbon Capture and Storage (CCS) Model Regulatory Framework, a 130-page publication released by the International Energy Agency that assists national and regional development of a CCS regulatory framework.

In addition, Dave provides environmental due diligence assistance in transactions covering industrial and commercial property in the United States, Europe and Asia.

He is also the managing editor of Reed Smith's environmental law blog that provides updates and analysis on legal issues from around the globe. The blog, called the Environmental Law Resource, is available at www.environmentallawresource.com.

Dave joined Reed Smith from the U.S. Environmental Protection Agency's (EPA) Office of General Counsel in Washington, DC, where he counseled EPA on the regulation of chemicals under the Toxic Substances Control Act and on global environmental agreements. In addition, he counseled EPA on rulemaking activities under several statutes, including the Clean Air Act and the Resource Conservation and Recovery Act. He also served as EPA's lead counsel and the government's domestic environmental law expert in free trade agreement negotiations with South Korea, Thailand, Oman, and the United Arab Emirates.

Prior to joining EPA, Dave was in private practice at an environmental law firm in Washington, D.C., and his practice was split between environmental counseling, with a focus on international matters, and litigation. While at the firm, he had the unique opportunity to co-chair a pro bono environmental law team that drafted Afghanistan's domestic environmental and natural resources framework law.

Dave has been an Adjunct Professor of Law at the University of Pittsburgh School of Law since 2007 where he teaches "Environmental Law, Policy and Politics" in the spring semester.

Employment History

  • 2007 - Reed Smith
  • 2004 - U.S. Environmental Protection Agency, Office of General Counsel (Washington, D.C.) 
    • Attorney-Advisor
  • 2000 Beveridge & Diamond, P.C. (Washington, D.C.) 
    • Senior Associate

Professional Affiliations

  • American Bar Association
  • District of Columbia Bar Association
  • Allegheny County Bar Association
  • Pennsylvania Bar Association