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Additional Areas of Focus

START-UP NY Program

In The News

David P. Flynn Interviewed by Metropolitan Corporate Council on Brownfield Cleanup Program  More

David P. Flynn Comments On Concern With Brownfield Incentive Changes  More

Phillips Lytle Hosts Start-Up NY Seminar  More

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Press Releases

Bak USA LLC To Set Up Shop in Buffalo, Becoming One of the First U.S. Assemblers of Electronic PC Tablets  More

David P. Flynn to Moderate an American Council on Renewable Energy Roundtable Discussion   More

David P. Flynn To Speak on Hydrofracking at the 2013 Chautauqua County Energy Conference  More

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Speaking Engagements

Moderator, International Programs Roundtable: Navigating the U.S.-Canadian Renewable Energy Project Landscape, American Council on Renewable Energy (ACORE), June 2014  More

Speaker, “Hydrofracking: Understanding the facts and issues of Marcellus and Utica Shale,” 2013 Chautauqua County Energy Conference & Expo, November 2013  More

Panelist, “Evolving PRP Legal Strategies Panel,” 2013 Sediment Remediation Conference, October 2013  More

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Publications

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

Author, “Shale Gas Development: Environmental and Energy Issues on Both Sides of the Border,” Kitchener Waterloo Chamber of Commerce's Advocate, March/April 2012  More

Author, “Marcellus Shale Gas: A New York Perspective,” Access U.S., Buffalo Niagara Enterprise Newsletter, November 2011  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, Marcellus Shale, 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

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

EDUCATION

State University of New York at Buffalo School of Law, 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.