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In The News

David P. Flynn Comments on New York State Energy  More

Phillips Lytle Ranked In 2016 Chambers USA Directory  More

David P. Flynn Comments on EPA’s Environmental Agenda  More

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Press Releases

David P. Flynn to Participate as a Panelist at the Business Council of New York 2016 Annual Environment Conference in Saratoga Springs  More

David P. Flynn to Moderate at ACORE U.S.-Canada Renewable Energy Forum in New York City  More

Sixty Phillips Lytle LLP Attorneys Named to the 2016 Upstate New York Super Lawyers® List  More

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Speaking Engagements

Panelist, “What is REV and the CES? An Update on State Energy Policy,” Business Council of New York 2016 Annual Environment Conference, November 2016  More

Moderator, “North American Renewable Energy, Infrastructure and Climate Policies,” ACORE U.S.-Canada Renewable Energy Forum, September 2016  More

Keynote Speaker, Eighth Annual Student Forum on Sustainable Development: Inclusive Economic, Environmental and Social Growth, April 2016  More

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Publications

Co-Author, “Solar energy shines for NY higher education,” Buffalo Law Journal, October 2015  More

Author, “Contaminated Sediment Sites Are The New Superfund ‘Mega’ Sites,” The Metropolitan Corporate Counsel, October 2014  More

Author, “The Evolving Face Of Renewable Energy,” The Metropolitan Corporate Counsel, October 2012  More

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David P. Flynn
Partner, Buffalo, New York City, Canada
(716) 847-5473, (212) 759-4888 ext. 5473, (519) 570-4800
dflynn@phillipslytle.com

Mr. Flynn is the Practice Team Leader for the firm’s Energy, Environment, and Nanotechnology Practice Teams. Mr. Flynn’s practice is concentrated in the areas of environmental law and energy. With respect to environmental law, Mr. Flynn concentrates on regulatory compliance consultations and brownfield redevelopment. He has written extensively on environmental topics including environmental issues related to nanotechnology development. He was involved in the first successful conversion of a former industrial brownfield into a modern manufacturing facility in New York State. In addition, Mr. Flynn advises clients on business development issues and the regulation of energy before state and federal authorities. He also advises clients on the development and siting of renewable energy, merchant power generating facilities, and licensing of hydropower projects.

The firm has been recognized by Chambers USA for excellence in environmental law.

HONORS & AWARDS

  • Listed as a Leading Individual in Chambers USA: Americas Leading Lawyers for Business, 2010-2016
  • Selected for the Upstate New York Super Lawyers® list, 2013-2016
  • Listed in Who’s Who In Law, Business First of Buffalo and Buffalo Law Journal

EDUCATION

State University of New York at Buffalo Law School, J.D., cum laude, 1987
State University of New York at Buffalo, B.A., 1983

ADMITTED TO PRACTICE

New York
U.S. District Court, Western District of New York
U.S. Court of Appeals, Third Circuit

PRESENT ACTIVITIES

  • ACORE, Member
    • Leadership Council Member
    • Northeast Regional Council
  • Incubators for Collaborating & Leveraging Energy And Nanotechnology (iCLEAN), Advisory Board Member
  • National Brownfield Association
    • Board of Directors
    • Executive Committee
    • New York Chapter President
  • Amherst Chamber of Commerce
    • Immediate Past Chairman (2011-2012)
    • Board of Directors (2005-Present)
  • The Council of The Burchfield-Penney Art Center, Member (1999-Present)
  • Amherst Conservation, Recreation and Parks Foundation, Chairman (2004-2007) and Board Member (2003-2007)
  • Nativity of Mary Home School Association, Member, Past President (2001-2003)
  • State University of New York at Buffalo Law Alumni Association, Member (2005-Present)
  • Buffalo Regional Board of Review, Member
  • New York State Business Council Marcellus Shale Working Group, Member
  • Western New York Regional Economic Development Council
    • Energy Committee, Co-Chair
  • Zoological Society of Buffalo, Board of Directors (2012-Present)
  • The Business Council of New York State, Member
    • Environmental Committee
    • Energy Committee

PAST ACTIVITIES

  • Contributing Editor and Chairman of the Editorial Advisory Board, RCRA Corrective Action Manual
  • Environmental Law Columnist, Business First of Buffalo

CORE COMPETENCIES

New York State Brownfield Cleanup Program – Counsel clients on the benefits of participating in the Brownfield Cleanup Program, including liability release and tax credits. Assist clients in the preparation of applications for participation in the Brownfield Cleanup Program. Participate in meetings with the New York State Department of Environmental Conservation to discuss application requirements, citizen participation, brownfield agreements, remedial investigation work plan, and remedy selection.

Energy – Counsel clients on applicability of NYSERDA and Department of Energy funding programs and tax-based incentives to renewable energy and energy efficiency projects and project development work related to such projects. Counsel clients on integrating sustainability and energy conservation measures into residential, commercial and industrial projects. Publication of articles on the legal issues related to carbon sequestration projects.

Solid and Hazardous Waste – Counsel clients on management of solid and hazardous waste to comply with federal and state statutes and regulations. Represent clients in state and federal administrative enforcement actions and voluntary remedial programs. Assist clients in the preparation and submittal of Beneficial Use Determination petitions to the New York State Department of Environmental Conservation for the beneficial reuse of solid waste materials. Counsel clients on potential liabilities associated with asbestos, lead-based paint, and PCBs.

Underground Storage Tank Regulations – Counsel clients on compliance with federal and state underground storage tank regulations, including registration, overfill protection, release detection, inventory monitoring, and testing requirements. Advise clients on potential liabilities associated with redevelopment of gasoline stations and other sites with existing and removed underground storage tanks.

Other Areas of Expertise
New Jersey Environmental Regulations – Counsel clients on potential liabilities associated with New Jersey’s Industrial Site Recovery Act and Site Remediation Reform Act.
Occupational Safety and Health Administration Defense – Assist clients in preparing defenses and negotiating settlements to OSHA citations.