David E. Whitten, a shareholder in the firm, practices in the areas of environmental law, environmental litigation, environmental aspects of mergers and acquisitions, and federal, state and local governmental affairs.  Whitten previously served as counsel to the Chairman of the Water Resources Subcommittee of the U.S. House of Representatives. He lobbied on behalf of a major chemical trade association during consideration of the enactment of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). He was also Legislative Director and Counsel to then-Congressman Tom Vandergriff (now County Judge of Tarrant County).

Mr. Whitten regularly advises lenders and borrowers with environmental issues associated with real property and corporate transactions, and he commissions and reviews Phase I, II and III environmental reports for those transactions. He also has experience obtaining regulatory authorization from state and federal environmental agencies, and securing solid waste, water quality and air permits. He has negotiated numerous enforcement actions, compliance agreements, and administrative orders pertaining to alleged violations of environmental regulations promulgated by the United States Department of Justice, the Environmental Protection Agency and the Texas Commission on Environmental Quality, and various municipalities.

Mr. Whitten has represented several noteworthy clients with complicated environmental issues. Specifically, on October 11, 2004, Whitten obtained the first Municipal Setting Designation in the State of Texas on behalf of Goodwill Industries of Dallas.  MSDs provide a major tool for addressing environmental site conditions that could otherwise impede urban development in Texas.  Whitten also served as Primary Environmental Counsel in the sale of the LTV Aerospace and Missiles Division, and also represented NorthPark Center, Ltd. in a dispute over contamination by a major oil company. Mr. Whitten also was an advisor in the development of the Nasher Sculpture Garden at the Dallas Museum of Art.  Whitten has also represented municipalities in environmental enforcement matters.

Mr. Whitten received his undergraduate degree (with honors) in 1976 from the University of Texas, and his law degree from the University of Texas in 1979, where he served on the Texas Law Review. He is a member of the State Bar of Texas Section on Environmental and Natural Resources. He also assisted in the development of the City of Dallas Model Industrial Stormwater Permit pursuant to a grant from EPA and the City of Dallas, and was awarded certificates of appreciation by the City of Dallas and the Greater Dallas Chamber for his contributions as a member of the Dallas Stormwater Advisory Committee.

Mr. Whitten is a frequent speaker on a wide range of environmental and governmental topics. He has also been interviewed for radio, television and print publications.