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DAVID DEARING

Address:
6100 N. Keystone Ave., Suite 657
Indianapolis, Indiana 46220
(317) 920-0824

 

Education:
Yale College
New Haven, Connecticut         B.A. (History)

Cornell University                   J.D 
Ithaca, New York                    M.A.

Employment:
October 1993-Present
Offices of David E. Dearing, Indianapolis, Indiana
Sole practitioner focusing on environmental matters, including litigation in state and federal courts

May 1989 - October 1993
Cromer, Eaglesfield & Maher, Indianapolis, Indiana
Associate in law firm representing clients on environmental issues related to solid waste, water pollution control and wetlands, including practice in state and federal courts.

August 1987 - May 1989
Securities and Exchange Commission, Enforcement Division, Washington, D.C. 20549

Assistant Chief Litigation Counsel

Lead counsel in civil prosecutions and administrative proceedings concerning violations of Securities Act of 1933 and Securities Exchange Act of 1934.

August 1978 - October 1979 and October 1980 - August 1987
Pollution Control/Environmental Defense Sections, Land and Natural Resources Division, U.S. Department of Justice, Washington, D.C. 20530

Trial Attorney

Environmental litigation representing Environmental Protection Agency ("EPA"), Army Corps of Engineers, Coast Guard and Department of Energy in the U.S. District Courts, Courts of Appeals and Supreme Court.

Lead government counsel in all phases of litigation under Clean Air Act; Clean Water Act; River and Harbors Act; Comprehensive Environmental Response, Compensation and Liability Act ("Superfund"); Resource Conservation and Recovery Act; and Toxic Substances Control Act.  Conducted civil prosecutions representing EPA and Corps of Engineers; defended EPA, Corps of Engineers and Department of Energy in challenges to regulations, permit proceedings and other administrative decisions; defended Coast Guard in actions seeking recovery of oil spill cleanup expenditures; defended various federal agencies against Superfund enforcement actions.

October 1979 - October 1980
Hazardous Waste Section, Land and Natural Resources Division, U.S. Department of Justice, Washington, D.C. 20530

Trial Attorney

Worked on three-attorney team developing cases against Occidental Chemical Corporation concerning disposal of hazardous wastes in Niagara County, New York, popularly known as the "Love Canal Cases." Developed legal theories of liability, interviewed witnesses, assembled scientific data, worked with expert witnesses, assisted in writing of complaints.

Summer 1977
Hudson River Basin Project
Prof. Ernest Roberts
Cornell Law School
Myron Taylor Hall
Ithaca, New York 14850

Legal Researcher

Summer 1976
Federal Public Defender
Federal Building
Charlotte te Amalie, St. Thomas
U.S. Virgin Islands

Law Clerk

 

Teaching Experience:
Adjunct Professor, Indiana University School of Law, Indianapolis
Hazardous Waste Regulation Seminar, 1994-1995

Instructor for Corps of Engineers and EPA training course for expert witnesses, "Regulatory V," Kellogg Biological Station, Michigan State University, 1986 and 1987; Instructor for Wetland Training Institute, Federal Wetland Regulation Policy Course, 1990 - present.

Awards and Commendations:
Department of Justice Meritorious Achievement Award -
1981, 1985, and 1987.

 

Department of Justice Exceptional Performance Ratings -

1981, 1982, 1983, 1984, 1985, 1986 and 1987.

 

Other Activities:
Senior Vice-President, Wetland Training Institute, 1989 - present

Environmental Quality Control, Inc. Water Committee (1992 -2000)

Broad Ripple Park (Indianapolis) Advisory Committee 2003 - present

Class Agent, Yale Alumni Fund, 1972 - 1992              

Cornell Law School Association, Executive Committee (1985-88)

 

Publications:
SEC Disclosure Requirements for PRPs, 18 Chemical Waste Litigation Reporter 422, August 1989;

Successor and Parent Corporations: Liability for CERCLA Response Costs, 20 Environment Reporter (BNA) 1764, February 1990;

Battle Continues Over Isolated Wetlands, 1 ABA Agricultural Law Newsletter 5, September 1992;

Regulatory Takings: Past, Present, and (?) Future, National Bar Association Magazine, Vol. 18, No. 3 (May/June 1996);

The Continued Highway Requirement as a Factor in Clean Water Act Jurisdiction, Environmental Law Reporter, October 2006;

Contributing Author, Nationwide Permits Complete (Wetland Training Institute 2002) (2007 edition in press).

Online Publications:
WTI Staff Publications.

 

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