David L. Guevara, Ph.D.

David focuses his practice on environmental law, complex commercial litigation, and insurance recovery. He serves as chair of the firm’s Brownfield and Site Development practice and brings a distinctive interdisciplinary perspective, holding both a J.D. and a Ph.D. in philosophy, to the resolution of high-stakes legal disputes.

David has authored two books published by the American Bar Association: Environmental Liability and Insurance Recovery (2012) and The Bona Fide Prospective Purchaser Defense (2013; 2nd ed. 2022). He also contributed “The Application and Regulation of Institutional Controls in Indiana” to the ABA’s Implementing Institutional Controls at Brownfields and Other Contaminated Sites (2012).

His practice encompasses the full life cycle of environmentally impaired properties, from acquisition and redevelopment counseling through litigation and insurance recovery. David also represents clients in a broad range of complex commercial litigation, including contract disputes, business torts, and other civil matters requiring sophisticated trial and appellate advocacy. His clients include corporations, municipalities, real estate developers, redevelopment commissions, financial institutions, and individuals.

• Representing a community development corporation in the acquisition, cleanup and development of a contaminated facility into an educational building. Services include securing historic insurance, cost-cap insurance and pollution legal liability insurance and working with the Indiana Brownfields Program to secure a Comfort Letter to address the acquiring’s entity’s liability as the owner of the brownfield.
• Representing a biodiesel and glycerin fuel producer in the acquisition and redevelopment of a former fuel-production facility in Missouri, including developing a 10-million gallon biodiesel plant and a one million gallon glycerin plant at the facility.
• Represented a company in the acquisition and development of a heavily-contaminated lead site, including working with the Indiana Brownfields Program to secure a Comfort Letter to address the client’s liability as the owner of the brownfield.
• Represented a property management company in the acquisition and development of a former auto manufacturing facility.
• Represented a community development company in the acquisition and development of a brownfield into an urban farming operation, including working with the Indiana Brownfields Program to secure a Comfort Letter to address the client’s liability as owner of the brownfield.
• Represented a municipality in the acquisition and transfer of real estate in quantifying and containing environmental liabilities

• Representing a friction materials manufacturer in an action brought by the EPA related to trichloroethylene, perchloroethylene and vinyl chloride contamination at a facility owned by the client. Services include analyzing the factual and legal cause of action, evaluating general liability and pollution legal liability insurance policies and executing a strategy based upon the coverage analysis.
• Representing a utility company with regard to liability under the Comprehensive Environmental Response, Compensation, and Liability Act related to its former operation of manufactured gas plants throughout Indiana.  Services include analyzing the factual and legal basis for liability, evaluating general liability insurance policies and executing a strategy based upon the coverage analysis to recover insurance related to the client’s liability.
• Representing an owner of a facility that tetrachloroethylene contamination is alleged to have occurred that is impacting a municipal wellfield in Indiana. Services include analyzing the factual and legal basis for liability, evaluating general liability insurance policies and executing a strategy based upon the coverage analysis to recover insurance related to the cause of action. Taft is also responsible for defending the property owner against the claims alleged in the cause of action. 
• Representing a municipality related to a claim brought against the city for alleged hazardous substances contamination at and emanating from city-owned property. Services include analyzing the factual and legal basis for liability, evaluating general liability insurance policies and executing a strategy based upon the coverage analysis to recover insurance related to the cause of action. Taft is also responsible for defending the city against the claims alleged in the cause of action. 
• Representing a company in the acquisition of a chemical production company with a contaminated production facility.  Services include securing historic insurance, cost-cap insurance and pollution legal liability insurance to contain legal liability and cover remediation costs.  
• Representing a metal finishing company in an action brought by the EPA related to the alleged release of hazardous wastes and hazardous substances into the environment at the facility owned and operated by the client. Services include analyzing the factual and legal basis for liability, evaluating general liability insurance policies and executing a strategy based upon the coverage analysis to recover insurance related to the cause of action. Taft is also responsible for defending the city against the claims alleged in the cause of action. 

David is a frequent presenter on a variety of environmental law and regulatory topics. Recent speaking engagements include:

• Addressing Environmental Claims and Liabilities in Chapter 11: Administrative Expenses, Third-Party Liability, Abandonment and Brownfield Development (American Bankruptcy Institute’s 2019 Annual Spring Meeting, April 13, 2019)
• Brownfields Key Concepts (Technical Assistance to Brownfields Program, the Indiana Communities Institute at Ball State University and the Indiana Brownfields Program, Aug. 16, 2017)
• Environmental Liability and Landowner Protections (Wilcox Environmental Engineering, May 10, 2017)
• The Art of the Brownfield Deal (The Indiana Economic Development Corporation, March 2, 2017)
• Environmental Liability and Landowner Protections (August Mack Environmental, Inc., Jan. 24, 2017)
• Environmental Liability and Landowner Protections (Indiana Continuing Legal Education Forum, Dec. 7, 2016)