David Cox, Esq.

PRACTICE AREAS:

• Environmental (Clean Air Act, Clean Water Act, Solid Waste Disposal Act, RCRA, CERCLA, BUSTR)
• Agriculture (Organic Certification, Raw Milk, Commercial Feed, Livestock)
• Business Law
• Toxic Tort Litigation
• Criminal Defense
• General Civil and Administrative Litigation

REPRESENTATIVE EXPERIENCE:

• As Senior Assistant Attorney General for the State of Ohio, prosecuted such Fortune 500 companies as General Motors, BP Chemical, Sunoco, Philips Electronics, AK Steel and hundreds of other companies for various violations of applicable state and federal environmental laws. Obtained millions of dollars in civil penalties and injunctions to ensure compliance. Private practice includes representation of asbestos abatement contractors, hazardous waste generator, wastewater treatment facilities and public utility, small engine importer, and environmental engineers. Familiar with federal and state energy efficiency programs and networked with environmental engineering firms.
• Serves as General Counsel for the Farm-to-Consumer Legal Defense Fund, a non-profit, national legal defense fund for farmers attempting to produce and market their products directly to consumers free from governmental and market barriers. Represent Fund members in various states, including California, Pennsylvania, New York and other states.
• Co-counsel in class action lawsuit against Aurora Dairy Corporation for consumer fraud, breach of implied and express warranty, unjust enrichment and negligence per se claims. Complaint alleged willful violations of the Organic Foods Production Act of 1990 by labeling and representing milk as organic when it was not produced in accordance with the Act.
• Brought a civil action under the Organic Foods Production Act of 1990 on behalf of an organic farmer against one of the nation’s largest chemical applicators and obtained private settlement that compensated the client for damages and lost production.
• Filed a FOIA action against USDA in federal district court on behalf of an organic industry watchdog to compel the production of documents that pertained to the nation’s largest alleged organic dairy operation.
• Defended several organic dairy producers who were making raw milk legally available in Ohio in civil and administrative actions brought by the Ohio Department of Agriculture. Defending these actions ultimately demonstrated that herdshare operations are legal in Ohio and obtained attorneys’ fees and costs.
• Assisted an organic infant formula manufacturer in filing a complaint with USDA, claiming that multiple competitors’ products were not produced in accordance with the Organic Foods Production Act of 1990 as demonstrated by the competitors’ labels and studies submitted to FDA.
• Brought a NEPA action in federal district court on behalf of a citizen’s group opposed to the proposed bypass of a highway around their community. Action was brought against the federal, state and local governmental authorities that authorized the action.
• Defended an engineering firm in a storm water case involving the design of a sanitary sewer system.
• Defended a private property owner in an eminent domain action brought by a municipality, demonstrating that the municipality’s taking would have benefited a private party and not the public.
• Represented a public utility in a Chapter 7 liquidation proceeding that provided wastewater treatment services to nearby residents.
• Counseled an importer of small internal combustion engines on environmental requirements pertaining to small stationary air contaminant sources.
• Handled the firm’s environmental defense of a client’s large livestock (swine) operations from nuisance, negligence and other common law claims asserted by nearby property owners, including claims of bodily injury.

SIGNIFICANT CASES:

• Schmitmeyer v. Dailey, Case No. 06 CV63277, Dec. 29, 2006 (herdshare agreements do not constitute a “sale” of raw milk under Ohio law)
• State ex rel. A & B Refuse Disposers v. Schregardus (1994), 68 Ohio St. 3d 351 (whether Director of Ohio EPA has a duty to approve a Trustee for financial assurance purposes)
• Tube City Olympic of Ohio, Inc. v. Jones, 2004 Ohio 1464 (how to measure visible emissions from a fugitive source)
• State ex rel. Montgomery v. Ohio Cast Prod., Inc., 2000 Ohio App. Lexis 2839 (whether stipulated penalties constitute a certificate of judgment lien)
• State ex rel. Montgomery v. Fisher Acquisition & Dev. Corp., 1998 Ohio App Lexis 3369 (whether a responsible corporate officer can be held in contempt for the corporation’s actions)
• Sutton v. Schregardus (1994) 94 Ohio App. 3d 213 (whether Ohio’s automobile inspection maintenance program is constitutional)
• State ex rel. Bolin v. Ohio EPA (1992), 82 Ohio App. 3d 410 (whether the Director of Ohio EPA has a duty to inspect property that is sold under a private agreement)

OTHER PROFESSIONAL EXPERIENCE:
Senior Assistant Attorney General – State of Ohio, Environmental Enforcement Section 1989-2003

EDUCATION:

• Capital University Law School, J.D., 1989
• The Ohio State University, B.A., 1982

BAR ADMISSIONS:

• Ohio, 1989
• United States District Court, Southern District of Ohio, 1990
• United States District Court, Northern District of Ohio, 2008
• United States District Court, District of Columbia, 2008
• United States District Court, Central District of Illinois, 2008
• Seventh Circuit Court of Appeals, 2007

PROFESSIONAL AFFILIATIONS:

• Columbus Bar Association
• Ohio State Bar Association
• American Bar Association

COMMUNITY AND CIVIC INVOLVEMENT:

• General Counsel, Farm-to-Consumer Legal Defense Fund
• Board Member, Ohio Ecological Food and Farm Association
• Campaign Committee Member, March of Dimes
• Neighborhood Fundraiser, United Way
• American Red Cross Bone Marrow Donor
• American Red Cross Pheresis Donor
• Committee Member, First UU Church Columbus

PUBLICATIONS AND PRESENTATIONS:

• Raw Milk Wars: Governments’ Attempt to Dictate What Foods We Can Consume, Weston A. Price Foundation Annual Conference, November 2008
• The Legality of Herdshares in Ohio, OEFFA Annual Conference, February 2009
• The Legality of Herdshares in Ohio, Ohio Raw Milk Conference, April 2009
• Responding to Unexpected Environmental Conditions at a Construction Site, AIA Contracts Seminar, February 2009
• Handling Enforcement Actions Before OEPA and ODH, BECO Annual Conference, October 2009
• The Local Food Production Revolution, American Society of Agronomy Annual Meeting, November 2009
• “Construction Activities Now Need A Storm Water Permit”; LAH Construction Law Update, Summer 2005
• “Responding To Unexpected Environmental Conditions At A Construction Site”; Ohio State Bar Association Bar Briefs, Winter 2005
• “Organic Farmers Do Have Legal Rights And Remedies”; Ohio Ecological Food and Farm Association Newsletter, May 2005
• “Take Advantage Of Federal Conservation Program Payments”; OEFFA Newsletter, October 2005
• “Is Your Farm Ripe For The Taking?”; OEFFA Newsletter, January 2006
• “Inform The Owner That There Is ACM In The Building”; Building Environment Council of Ohio Hewsletter, Spring 2006
• “A Farmer’s Goods And Services Are Secured Through Liens”; OEFFA Newsletter, October 2006
• “Raw Milk Advocates Claim A Victory In Darke County”; OEFFA Newsletter, January 2007
• “Overspray And Drift Present Unforeseen Liabilities”; Ohio Farmer, December 2005
• “Renewable Energy Goes Green”; Ohio Manufacturers’ Association website, June 2006
• “How Are Environmental Liabilities Handled By The Bankruptcy Code?”; OSBA Fine Print, June 2006
• “Agricultural Districts Protect Farms and Farmers”; OSBA Law You Can Use, June 2006
• “Citizens Can Take Action Against Water and Air Polluters”; OSBA Law You Can Use, January 2007
• AIA Contracts; Lorman Seminar, Cincinnati, October 2005
• Are You Liable? How Can You Protect Yourself?; BECO Annual Conference, October 2005
• Responding to Unexpected Environmental Conditions at a Construction Site; Columbus Bar Association Construction Law Committee, October 2005
• Responding to Unexpected Environmental Conditions at a Construction Site; Builder’s Exchange Conference, February 2006
• AIA Contracts; Lorman Seminar, Cincinnati, October 2006
• Mercury and Lead Update; BECO Annual Conference, October 2006
• Responding to Unexpected Environmental Conditions at a Construction Site; Columbus Bar Association Construction Law Seminar, December 2006
• Protecting Your Farm the Sustainable Way; OEFFA Annual Conference, March 2007
• Protecting Your Farm the Sustainable Way; Family Farm Defenders Annual Conference, April 2007

Practicing: Environmental (Clean Air Act, Clean Water Act, Solid Waste Disposal Act, RCRA, CERCLA, BUSTR), Agriculture (Organic Certification, Raw Milk, Commercial Feed, Livestock), Business Law, Toxic Tort Litigation, Criminal Defense, General Civil and Administrative Litigation