David Coburn advises transportation and energy clients on a wide range of regulatory and policy matters. David has years of experience advising on major railroad, pipeline, and other transportation infrastructure projects. He works closely with federal agencies, such as the US Department of Transportation, Army Corps of Engineers, and the Surface Transportation Board on the complex regulatory permitting and environmental aspects of new transportation infrastructure projects. He advises clients on the application of the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the Clean Water Act (CWA), and other environmental laws implicated by infrastructure projects. He also represents pipeline and other transportation clients in federal court litigation and enforcement actions involving environmental laws.
David has extensive experience representing commercial motor vehicle operators in proceedings relating to vehicle safety before the Federal Motor Carrier Safety Administration and vehicle equipment manufacturers and others before the National Highway Traffic Safety Administration on issues pertaining to vehicle and equipment safety and design. David also counsels clients on matters relating to the development of federal and state policies for the operation of autonomous vehicles.
In addition, David represents carriers and shippers on matters arising related to the surface and air transportation of hazardous materials, including compliance with the federal hazardous materials regulations administered by the Pipeline and Hazardous Materials Safety Administration (PHSMA). David also represents travel distribution interests on matters relating to the distribution of airline services.
- District of Columbia
- J.D., Georgetown University Law Center, 1976, Editorial Staff, Law and Policy in International Business
- B.A., Brandeis University, 1973, Phi Beta Kappa
Areas of Practice
- Represents an entity seeking to construct and operate an express passenger rail line. Successfully obtained dismissal of lawsuit challenging on NEPA and other grounds certain federal actions regarding the project. Indian River County v. Rogoff, 201 F. Supp. 3d 1 (D.D.C. 2016).
- Successfully negotiated major federal and state consent decrees concerning civil penalties, injunctive relief, and natural resource damages for Enbridge’s Line 6B release of crude oil near Marshall, MI. United States v. Enbridge Energy, Limited Partnership, et al., 1:16-cv-00914-GJQ-ESC (W.D. Mich. May 23, 2017).
- Managed the merits and environmental review proceedings before the STB, as well as related litigation, concerning the construction of new rail lines, including successful defense of a hotly contested challenge to a new rail line in Texas. Medina Cnty. Envtl. Action Ass’n v. Surface Transp. Bd., 602 F.3d 687, 690 (5th Cir. 2010).
- Assists infrastructure clients with obtaining construction permits from the US Army Corps of Engineers, the Bureau of Land Management, the Bureau of Indian Affairs, the US Forest Service, and other federal and state agencies, including advising clients with respect to the agencies’ NEPA review processes, Section 7 consultations with the US Fish and Wildlife, and cultural resource consultations with SHPOs, the ACHP, and tribes. Sierra Club v. US Forest Service, 828 F.3d 402 (6th Cir. 2016).
- Earned a favorable ruling in a NEPA and CWA-based challenge to multiple federal agency permits for a client’s domestic oil pipeline before the DC District Court and the DC Circuit. See Sierra Club v. US Army Corps of Engineers, et al., 803 F.3d 31 (DC Cir. 2015).
- Represents pipeline companies before the US Department of State with respect to applications for Presidential Permits to construct, operate, and maintain cross-border pipelines between the United States and Canada, including with respect to the State Department’s NEPA, NHPA, and ESA review process for pipeline projects and resulting litigation. Currently assisting with the NEPA process for Enbridge’s Line 67 expansion project, and earned a favorable ruling in prior litigation challenging that same pipeline. See White Earth, et al. v. US Department of State, et al., 14-cv-4726, 2015 WL 8483278 (D. Minn. Dec. 9, 2015); Sierra Club v. Clinton, 689 F. Supp. 2d 1147 (D. Minn. 2010).
- Advises clients on hazardous material regulatory requirements, and has successfully procured special permits from the Pipeline and Hazardous Materials Safety Administration (PHMSA), including a permit to exempt a major consumer product from certain hazardous material shipping requirements.
- Represents pipeline trade associations and a pipeline company in litigation concerning a challenge to the DOT’s and PHMSA’s authority to approve emergency response plans for pipeline water crossings. National Wildlife Federation v. Department of Transportation, 2:15-cv-13535 (E.D. Mich., filed Oct. 8, 2015).
- Represents a large Global Distribution System and a travel distribution trade association in various regulatory matters before the DOT pertaining to the distribution of airline services. Currently representing a GDS in a consumer antitrust lawsuit.
- Advises clients on the scope of federal railroad preemption and has represented railroad interests in proceedings addressing the scope of federal preemption under the ICC Termination Act. For example, successfully represented BNSF Railway in a proceeding concerning preemption of certain proposed restrictions on locomotives. United States Environmental Protection Agency – Petition for Declaratory Order, F.D. 35803 (STB Served December 30, 2014).
- Prepared amici brief for four trade associations in Dakota Access pipeline litigation concerning the remedy phase in environmental review litigation involving the Dakota Access pipeline.
- Advises major real estate developer on NEPA, NHPA, and FRA issues with respect to proposed development of a major project adjacent to Union Station in Washington, DC.
- Advises major motor passenger carrier in variety of regulatory, legislative, and commercial matters concerning interstate bus transportation, including federal funding, reasonable access, and local zoning issues.
- Represents energy and transportation companies with respect to challenges to state laws or local ordinances that restrict the ability to operate in interstate commerce. Prepared an amicus brief on behalf of energy trade organizations in Portland Pipe Line’s challenge to City of South Portland, ME ordinance that restricts the transportation of heavy crude oil from Canada. Portland Pipe Line Corp. v. City of South Portland, et al., 2:15-cv-00054 (D. ME, filed Feb. 6, 2015).
"Oil Market Developments and Pipeline Siting Challenges," Energy Bar Association, October 18, 2016
News & Publications
April 11, 2019
March 4, 2019
May 30, 2018
February 9, 2018
September 7, 2017
August 17, 2017
September 26, 2017
November 10, 2016
Speakers: Jason Abel, James D. Barnette, Leslie A. Belcher, Elizabeth Hurley Burks, Christopher Caron, David H. Coburn, John T. Collins, Richard O. Cunningham, Ambassador Susan G. Esserman, Luis G. Fortuño, Micah S. Green, N. Hunter Johnston, Douglas Kantor, Darryl Nirenberg, Allison Nyholm, Scott A. Sinder, Amanda Pedvin Varma
- Legal 500 US, Industry Focus: Energy Litigation, Oil and Gas (2018)
- Legal 500 US, Industry Focus: Transport, Aviation and Air Travel - Litigation (2018)
- Legal 500 US, Industry Focus: Transport, Aviation and Air Travel - Reglation (2018)
- Legal 500 US, Industry Focus: Transport, Rail and Road - Regulation (2018)
- Super Lawyers, Washington, DC, Transportation: Maritime (2012, 2014-2015)
- Vice Chair, Transportation Committee, ABA Section of Administrative Law and Regulatory Practice
- Past President and Editor-in-Chief of Highlights, Association of Transportation Law Professionals