Dan’s practice focuses on representing major corporations, small businesses, property owners and individuals in a variety of environmental, litigation, real estate and general business matters.
Dan is licensed to practice in the State of Ohio, the Ohio Supreme Court, the U.S. District Court, Southern District of Ohio and the U.S. Bankruptcy Court, Southern District of Ohio.
AREAS OF EXPERTISE & FOCUS
- Defending clients in civil and criminal enforcement actions brought by USEPA, Ohio EPA, BUSTR, and other state environmental agencies.
- Representing clients in federal Superfund actions and state hazardous waste cleanup actions.
- Counseling clients on air, wastewater, wetlands and hazardous waste permits, environmental compliance auditing procedures and the risks associated with ownership of contaminated property.
- Preparation and review of real estate purchase agreements, commercial leases, deeds, mortgages, building construction contracts, options to purchase, access agreements, railroad track leases, right of way easements, communication tower easements and environmental conservation easements.
- Handling zoning permit applications, takings by eminent domain, and property tax appeals.
- Insurance litigation to recover environmental response costs under general liability policies.
- Represented municipality in regulatory enforcement case against industrial sewer discharger and utilities in negotiations with municipalities on the development of “right-of-way” occupancy ordinances under the federal Telecommunications Act of 1996.
- Dayton Bar Association, Environmental Law Committee
- Ohio State Bar Association, Environmental Law Committee
- Dayton Area Chamber of Commerce, Environment Committee
- Meritas Environmental Law Section (Chair 1998-2003)
- Bellbrook Planning Board (2007-2009)
- Bellbrook Education Foundation Advisory Board (2002)
- Miamisburg Parks & Recreation Advisory Board (2010-2011)
- Leadership Dayton, Class of 1997
PUBLICATIONS & PRESENTATIONS
- Fracking – Savior or Disaster: Oakwood Rotary Club (01/15)
- Oil & Gas Leasing Issues: DBA, Environmental Law CLE (12/14)
- Environmental Issues in Real Estate Transactions: DBA, Environmental Law CLE (03/12)
- Legal Standards for Stormwater Drainage in Ohio: Norton Engineering Seminar (03/12)
- Behr VOC Spill Case In Dayton: DBA, Environmental Law Update (12/17/08)
- Brownfields Development In Ohio: DBA, Environmental Law Update (12/13/07)
- Effect Of New Accounting Standards On Sale Of Contaminated Property (Client Advisory 09/05)
- EPA Withdraws Storm Water Permit Changes For Construction Sites (Client Advisory 09/04)
- Good News For Real Estate Developers (Client Advisory 08/04)
- Ohio EPA Issues Civil Penalty Guidance For Solid Waste Violations (Client Advisory 07/04)
- Legal Update On Environmental Issues: DBA CLE Roundup (12/12/01)
- Protecting The Results Of Environmental Compliance Audits: Wright State University (03/10/00)
- Environmental Issues Pertaining to Business Transactions: OSBA Annual Meeting (05-06-98)
- Land Use Law Update in Ohio: National Business Institute (03/20/98)
- Ohio’s Voluntary Action Program: Upper Miami Valley Environmental Council (08/21/97)
- EPA Permits Made Simple: American Planning Association: (12/06/96)
- OSHA Asbestos Handling Standards: DBA Environmental Law Committee (06/12/96)
- Emergency Spill & Release Reporting: Dayton Chamber of Commerce (02-09-96)
- Land Use Law – Key Zoning & Environmental Issues: Ohio CLE Institute (04/95)
- SARA Title III Reporting Requirements: SW Ohio Risk Reduction Workshop (12/05/91)
ACHIEVEMENTS & HONORS
- Listed as a “SuperLawyer” in Environmental Law for 2010 and 2012-2013 by Law & Politics
Dan received his BA from the University of California at Los Angeles (“UCLA”) and his JD from Loyola Marymount Law School, Los Angeles.