Jeffrey J Davidson

Environment & Product Regulation

Government & Regulatory

Litigation

Jeff Davidson’s environmental practice consists of three related areas: litigation, resolution of environmental risks and liabilities in commercial contexts, and counseling on existing and emerging environmental regulatory programs. With over 40 years of experience, he has represented clients before all major federal environmental and energy agencies and handled significant matters in over 35 states. His clients are predominantly corporate entities, but he also has experience representing individuals, trade associations, and public interest groups.

Litigation – Jeff has defended clients in both civil and criminal environmental actions at the federal and state level across all of the major environmental programs. He has prosecuted and defended private party cleanup cost claims including successful claims against the United States for cost recovery under the federal Superfund program. He has prosecuted and defended diminution of property value claims related to contamination of real estate parcels. His toxic tort experience includes resolution of litigation and related claims arising from risks from chlorinated solvents, PCBs, heavy metals, and asbestos arising from ingestion, dermal exposure, and indoor air respiration. As part of his dispute resolution practice, Jeff has overseen confidential private investigations and audits, including process safety audits under OSHA. He has completed the JAMS mediation 40-hour training course and frequently uses mediation to resolve environmental disputes.

Commercial Matters – Jeff has conducted due diligence efforts for M&A deals ranging from $10 million to well over $1 billion. He has drafted and annually updated his corporate department form files related to environmental representations, warranties, indemnities, and escrow accounts and negotiated the key environmental provisions in nearly one hundred transactions. He has prepared environmental disclosures in conformance with SEC requirements and best practices. In the real estate field, Jeff has successfully negotiated numerous Brownfields agreements, deed restrictions, and related covenants with states and municipalities, as well as environmental provisions in traditional real estate contracts between and among private parties and lenders.

Counseling – Jeff advises clients regarding legacy and emerging regulatory programs including, currently, the new Waters of the United States (“WOTUS”) rulemaking and the multi-faceted issues presented at the federal and state level regulation of “forever chemicals” such as the PFAS family of substances. Jeff has prepared comments with federal agencies on proposed rules and participated in numerous challenges to final rules under the Administrative Procedure Act. He has conducted training programs for corporate clients and national organizations such as the Environmental Law Institute and lectured at law school environmental clinics.

Duke University, M.A., Public Policy Sciences (1977)

Duke University School of Law, J.D. (1977)

Duke University, A.B. (1973)