David J. Armstrong

602/798-5412 Telephone
602/325-0430 Facsimile
armstrongd@ballardspahr.com
Ballard Spahr Ingersoll & Andrews LLP
3300 North Central Avenue, 3300 Tower, Suite 1800
Phoenix, AZ 85012-2518

David J. Armstrong is a partner in the Litigation Department and a member of the firm’s Environmental and Energy Groups. Mr. Armstrong has substantial experience serving as local, regional and national counsel on a wide range of complex environmental regulatory, transactional and litigation matters for industrial, manufacturing and commercial clients. He routinely counsels clients on the allocation of environmental liabilities in real estate and corporate transactions. He also regularly litigates matters for clients in various regions of the country in federal and state courts, administrative tribunals and before arbitrators and mediators. Mr. Armstrong has represented national home builders, international mining companies, defense contractors, national petroleum distributors, real estate developers, technology companies and utility companies.

Recently, Mr. Armstrong has:

• Won substantial damages (including past costs, attorneys’ fees, pre-judgment interest and future remedial costs) in an arbitration case against an environmental consultant for breach of contract and negligence.
• Drafted and negotiated the environmental provisions of a purchase and sale agreement in a $312 million real estate deal on behalf of a national home builder.
• Won a full defense verdict for a national petroleum distributor following a three week jury trial in state court where the plaintiff was asking for $14 million in damages from the alleged migration of petroleum hydrocarbons.
• Provided environmental counsel and drafted and negotiated environmental provisions of sale or lease agreements on behalf of an international mining client in over 50 real estate deals.
• Successfully represented clients in Superfund mediations resulting in low allocations for the clients.
• Negotiated numerous environmental insurance policies for clients, including a $50 million cost cap and pollution legal liability policy.
• Initiated and won a case against a client’s tenant for causing significant environmental contamination of the client’s property.
• Defended challenges by environmental groups before administrative tribunals and appellate courts to the issuance of hazardous waste, air and water quality permits to industrial clients.
• Successfully negotiated compliance orders, consent judgments and decrees with state and federal environmental agencies on behalf of industrial clients.
• Successfully settled a multi-million dollar natural resource damage claim asserted by the Department of Interior against a national petroleum distributor.
• Represented clients in federal Superfund litigation matters in Arizona, Oregon, Missouri, New York, New Jersey and Pennsylvania.
• Successfully settled air pollution “notices of violations” on behalf of a national home builder.

Mr. Armstrong is admitted to practice in Arizona (1996), Pennsylvania and New Jersey (1992). He is a member of the U.S. District Court for the District of Arizona (1996), the U.S. Court of Appeals Ninth Circuit (1997), the U.S. District Court for the District of New Jersey (1992) and the U.S. District Court for the Eastern District of Pennsylvania (1992). He also has been admitted pro hac vice before federal courts in Oregon, New York and Connecticut.

Mr. Armstrong is a member of the Board of Directors and Executive Committee of the Valley Forward Association in Phoenix, Arizona. He also is a member of the Environmental and Natural Resources Law Section of the State Bar of Arizona.

Mr. Armstrong is a graduate of College of Charleston (B.A. 1985) and Temple University James E. Beasley School of Law (J.D. 1992), where he was an editor of Temple Environmental Law & Technology Journal and won the Barristers Award for Trial Advocacy.