204 South Ludlow • Suite 300 • Dayton, OH 45402 • Office (937) 224-1216 • Fax (937) 224-1217

 

Daniel A. Brown, Esq.

Dan's practice focuses on representing major corporations, small businesses, property owners and individuals in a variety of environmental, litigation, real estate and general business matters, including those described below.

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Environmental Litigation — Representing clients in civil and criminal enforcement actions brought by USEPA, Ohio EPA, and local health departments; federal Superfund site cleanup and cost recovery actions; Ohio EPA consent orders to clean up contaminated property; and administrative appeals of Ohio EPA actions to the Environmental Review Appeals Commission ("ERAC").
Environmental Permitting — Providing hands-on assistance to manufacturing, industrial and developer clients in preparing applications for air emission permits; wastewater discharge permits; indirect discharge permits to public sewers; storm water permits; dredge and fill permits; and Section 401 water quality certifications (including wetlands mitigation).

Environmental Compliance Counseling — Advising clients on the statutory and regulatory requirements of the:

  • Clean Air Act
  • Clean Water Act
  • Emergency Planning and Community Right-to-Know Act (EPCRA)
  • Bureau of Underground Storage Tank Regulations (BUSTR)
  • Wetlands protection
  • Hazardous waste corrective actions and closure plans
  • DOT Hazardous Materials Transportation Act
  • OSHA Hazard Communication Standards
  • Ohio's Voluntary Action Program
  • Requirements for Phase I and Phase II Environmental Site Assessments to satisfy the "All Appropriate Inquiry" standard to protect buyers against environmental risks associated with real estate ownership

Commercial Litigation — Representing policy holder in suit against multiple insurance companies for Superfund cleanup costs covered by general liability policy; municipality in the enforcement of sewer ordinances and recovery of past-due sewer bills; landlords in suits to recover damages for breach of commercial lease provisions; and various business owners in commercial loan foreclosure actions.

Real Estate, Land Use & Zoning — Representing buyers and sellers in commercial and residential real estate transactions; property owners in contract disputes with builders; public utilities in negotiations on municipal right-of-way use ordinances and in the enforcement of easement rights, and private property owners in eminent domain cases and property tax appeals. Preparing real estate purchase agreements, options to purchase, deeds, title documents, easements, construction contracts, commercial and residential leases, and documentation of Section 1031 "like-kind exchange" tax deferral transactions.
General Business Counseling — Providing guidance to clients on business entity formation issues and drafting organization documents for corporations, limited liability companies, and limited partnerships. Counseling clients on terms of energy procurement contracts, software purchase and licensing contracts, franchise agreements, employment contracts, and the standard terms and conditions of equipment purchase and sale contracts.
Practice Areas
Environmental Litigation
Environmental Compliance Counseling
Commercial Litigation
Real Estate Transactions
Land Use and Zoning
General Business Counseling
Education
Loyola Law School, Los Angeles
JD, 1988

University of California, Los Angeles
BA, 1981
Professional Affiliations
Admitted to Ohio Supreme Court in 1988.

Admitted to the United States District Court, Southern District of Ohio in 1993

Ohio State Bar Association
Environmental Law Committee

Dayton Bar Association
Environmental Law Committee

Dayton Area Chamber of Commerce
Environment Committee

Bellbrook Planning Board

Bellbrook/Sugarcreek Education Foundation, Financial Advisory Committee, 2002

Leadership Dayton, Class of 1997

 

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