David J. Ubaldi

Partner

David Ubaldi focuses his practice on environmental and natural resources litigation. He represents industrial, commercial, and individual clients in a broad array of environmental situations, including cases involving:

Federal Superfund (CERCLA) laws
State Superfund (MTCA) laws
Natural resource damage claims (NRDs)
State and federal Clean Water Acts, including stormwater permitting issues

In addition, David counsels clients on environmental compliance, permitting, and regulatory issues such as the handling and disposal of hazardous/dangerous waste.

A significant part of David's practice also includes environmental insurance. He also assists policy holders interested in identifying and accessing historical insurance funds related to remedial activities.

David's representative clients include Pope Resources, Chevron U.S.A., Okanogan PUD, PPG Architectural Coatings Canada Inc., PPG architectural Finishes Inc., the Grand Lodge of Free & Accepted Masons of Washington, and the Sternoff Family.

Clean Water Act

Clean Water Act citizen suits for Port Blakely, Grand-Glacier LLC, Ameron International and others

Represented clients in defense of Clean Water Act citizen suits and their implementation of compliance measures under consent decrees.

Clean Water Act permit matters

Representing major oil company in the defense of an NPDES permit. (Ongoing)

Environmental Litigation

Pope Resources v. Department of Natural Resources

Represented land and timber management company in contribution action under Washington’s Model Toxics Control Act (MTCA). Obtained reversal of summary judgment before Division II of the Washington Court of Appeals. The decision holds Washington’s Department of Natural Resources is liable for cleanup obligations in Port Gamble Bay and establishes the contours of owner/operator liability under Washington’s Superfund law. Appeal pending before Washington Supreme Court. (Ongoing)

Port Gamble Bay cleanup

Represent Pope Resources, a natural resources company, in the investigation and cleanup of marine sediments in Puget Sound’s Port Gamble Bay. Currently overseeing a cleanup of the bay under a formal order with Department of Ecology. (Ongoing)

Port Gamble Bay restoration

Representing Pope Resources in negotiations with trustee groups over alleged evaluating the need for uplands cleanup, and negotiating over alleged natural resource damages. (Ongoing)

Pasco Landfill parties

Representing clients at the Pasco Landfill, which is the second-highest priority hazardous substance cleanup site in Washington state. The site is listed on the Superfund National Priorities List, and the EPA delegated the lead regulatory role to the State of Washington. Representation includes participation in a large industrial waste area generators group (IWAG) where we participate on the technical committee, and participation in significant contribution litigation taking place in federal district court. (Ongoing)

Contribution litigation matters for various oil companies

Successful resolution of multiple cost recovery claims involving allegations under Washington, Oregon, Alaska, and federal law concerning the cleanup of hazardous substances. (Ongoing)

Water Rights

Center for Environmental Law and Policy v. Department of Ecology

Represented Okanogan Public Utility District No. 1 in appeal of water rights permit for hydroelectric project. Obtained affirmation by Thurston County Superior Court and Division I of the Washington Court of Appeals of a Pollution Control Hearings Board order upholding permit granted by Washington Department of Ecology. Washington Supreme Court denied review. (2017)

Wastewater Permit

Cruise ship wastewater for Alaska Cruise Association

Represents association of nine major Cruise Lines in matters involving the Alaska Large Commercial Passenger Vessel Wastewater General Permit. Representation has included litigation and development of legislation favorable to the cruise line industry. (Ongoing)

Cruise ship wastewater for Alaska Cruise Association

Represented association of nine major Cruise Lines in appeal of Alaska 2008 Wastewater General Permit. (2010)

Admitted to Practice

Washington
Alaska
U.S. District Court, Eastern District of Washington
U.S. District Court, Western District of Washington

Education

J.D., Seattle University School of Law, cum laude
M.S.W., Southern Connecticut State University
B.F.A., New York University

Memberships & Affiliations

- King County Bar Association
- American Bar Association
- American Trial Lawyers Association

Professional Recognition

- Named as one of "America's Leading Lawyers for Business" by Chambers USA in Environment (Washington), 2014-2024
- Named one of the "Best Lawyers in America" by Best Lawyers in Environmental Law, 2013-present
- Selected to "Washington Rising Stars," Thomson Reuters, 2008-2009