David A. Flass

Partner

P: 555-215-5556

E: Flass@herrmanneasyedit.com

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  • University of Wisconsin Law School (J.D. 1991) cum laude
  • University of Wisconsin-Madison (B.A. 1988) with honors
  • Wisconsin
  • U.S. District Court for the Western District of Wisconsin

Dave Flass is a partner and is Chair of the firm's Land & Resources Practice Group. He focuses his practice primarily in the areas of environmental/regulatory law, land use and agricultural law. Although Mr. Flass has experience in most all areas of environmental law, he has focused his practice primarily in the areas of soil and groundwater clean-ups, including solvent, petroleum, pesticide-impacted sites and land use issues. In that context, Mr. Flass has represented clients in a number of multi-party remediation sites including state and federal-lead Superfund sites, manufactured gas plant waste sites, impacted sediment cleanups, emergency spill response and removal actions. Mr. Flass has litigation experience in administrative contested case hearings, civil toxic tort defense, contribution actions, government enforcement defense, professional engineering malpractice and environmental insurance coverage litigation.

Environmental Due Diligence

Mr. Flass coordinated and directed the environmental due diligence of more than 70 operating facilities and also led the negotiations on environmental risk allocation matters in the context of a $400 million transaction. Mr. Flass also coordinates the environmental due diligence in a multi-state transaction where our client acquired five food processing plants and related facilities.

Administrative Contested Cases

Mr. Flass represented a private party denied reimbursement pursuant to a state program in an appeal of the administrative agency’s decision to deny such reimbursement. Our client prevailed in the administrative contested case hearing and was determined to be eligible for nearly $1.0 million of additional reimbursement proceeds. Mr. Flass has settled favorably dozens more such administrative appeals.

Sediment Sites

Mr. Flass has assisted clients with respect to the two largest contaminated sediment sites in Wisconsin, the NSP/Ashland Lakefront Site and the Lower Fox River PCB Site. Mr. Flass has provided clients with strategic direction concerning these sites, assisted in directing historical investigations, represented clients in regulatory agency negotiations and provided day-to-day management services for one or both of these Sites. Mr. Flass also represented client interests on the Wisconsin Department of Natural Resources’ technical advisory committee formed to respond to contaminated sediment sites.

  • Member, Wisconsin Agribusiness Council Legislative Committee
  • Member, Environmental Task Force, National Milk Producers' Federation (2005)
  • Board of Directors, Dairy Business Association of Wisconsin (2002-2008)
  • Listed in In Business magazine's 2nd annual "40 under 40" executives (December 2002)
  • Listed as one of the Best Lawyers in America for environmental law published by Woodward/White, Inc (2003-2006)
  • Listed in Corporate Counsel's Best Lawyers: Environmental Law (July 2003)
  • Named in In Business magazine as a VIP of Madison area civic-minded executives in its Annual Executive Register (2002, 2005)
  • Selected one of Madison Magazine’s Best Lawyers for Environmental Law (2001-2005)
  • Public Member, Joint Legislative Council Special Committee on Recodification of Town Highway Statutes (2002 - 2003)