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Andrew N. Davis

Partner

Andrew Davis is chair of Shipman’s Environmental Practice Group and is a member (and former co-chair) of the firm’s Diversity, Equity & Inclusion Committee. He also served as a member of Shipman’s Management Committee from 2020 through 2023. He counsels clients in transactional, permitting, compliance and enforcement matters under federal and state health and safety, hazardous waste, air and water pollution, site development and property transfer laws. With more than 30 years in legal practice and graduate degrees in marine science and ecology, Andrew is uniquely qualified to help private and public clients understand environmental risks, identify and develop solutions for managing those risks that matter, and — when appropriate — turn risks into opportunities.

A globally recognized thought leader, Andrew synthesizes complex scientific concepts and environmental laws and regulations, providing clear, actionable guidance to diverse national and international clients. He is the lead author of the “Oil Pollution Act” chapter of the Environmental Law Handbook published by Bernan Press and of the “Asbestos” chapter of the Environmental Law Practice Guide published by Matthew Bender. He wrote the chapter “From Fear to Greed: The Business of Environmental Law” for Environmental Law Deal Strategies published by Aspatore Books and was profiled recently on Law360.com.

Further, Andrew has written dozens of articles published in industry and legal journals and presented widely in a variety of international forums, most recently on issues such as environmental, health and safety considerations in light of COVID-19 and developing risk-management strategies related to evolving per- and polyfluoroalkyl substances (PFAS) requirements, among other topics. Andrew was selected to author the environmental, health and safety provisions (and associated practice notes) included in the model transaction documents (e.g., Asset Purchase Agreement, Stock Purchase Agreement) published by Thomson Reuters Practical Law.

Andrew advises clients across industries on environmental, health and safety issues that arise in virtually every area of business operations, including management and remediation of contaminated properties; environmental due diligence for business transactions; regulatory compliance and permitting; regulatory agency inspections; industrial and specialty chemical compliance and health hazard evaluations/product liability claims; environmental management systems (including ISO 14001); crisis management; enforcement and dispute resolution; and business strategy development. His practice philosophies are straightforward and results oriented: preventative action is better (and less costly) than reaction; “there is risk and there is risk that matters”; “begin with the end in mind”; “fail to plan, plan to fail”; and environmental lawyers and consultants can and should add value to a deal, not kill it.

As a result of his work on numerous high-profile matters — including collaborations with law firms and clients around the world through the Interlaw legal network — Andrew has gained a positive reputation for providing effective environmental support in domestic and cross-border energy, corporate and real estate transactions. In such matters, he regularly represents buyers, sellers, developers, banks and institutional lenders, energy companies and environmental engineering/consulting firms. Among other services, Andrew develops and negotiates deal documents and designs and implements environmental insurance and other risk/liability-transfer mechanisms (such as guaranteed fixed price and aligned-interest remediation contracting) to creatively manage environmental concerns and close deals involving contaminated properties, including in the bankruptcy context.

In the area of compliance counseling, Andrew assists manufacturers,  lenders/investors, public and private schools, colleges and universities, developers and property owners with site assessments, environmental auditing, reporting/disclosures to regulatory agencies, record keeping and other compliance obligations under various programs governing asbestos, PCBs, lead, radon, mold, emerging contaminants (such as PFAS) and other environmental, health and safety issues.

When accidents and other environmental crises arise, Andrew is regularly tapped to provide rapid, focused and result-driven counsel. He is known internationally for his work in the area of oil spills and natural resource damages and has represented some of the world's largest shipping companies and their insurers in numerous marine casualty events throughout the United States, including in the Gulf of Mexico, the Mississippi River, the northern Atlantic (Buzzards Bay) and Pacific (Puget Sound) oceans, and in international waters. He provides strategic guidance regarding natural resource damage assessment and restoration requirements under US laws to the International Group of P&I Clubs, which provides marine liability cover (protection and indemnity) for approximately 90% of the world's ocean-going tonnage.

In addition to his work on traditional environmental matters, Andrew has significant experience in fast-developing and consequential issues such as climate change. He provides strategic advice to insurance and energy clients regarding potential risks and opportunities associated with global warming, including with respect to potential liability and new-product development, and counsels clients on SEC environmental disclosure obligations and forward-looking statements in financial filings and reporting.

Andrew serves as a director and in other advisory capacities for several environmental organizations, including the Blue Latitudes Foundation, where he has helped guide its initiatives, including the R2R (“Rigs to Reefs”) program that promotes the repurposing of decommissioned offshore infrastructures for the development and sustainability of healthy marine environments.

In addition to his numerous publications, he speaks regularly on a variety of environmental topics. Andrew is an adjunct professor of environmental science, law and policy at Connecticut College and a Fellow at the Goodwin-Niering Center for the Environment.

 

Andrew advises clients across industries on environmental, health and safety issues that arise in virtually every area of business operations, including management and remediation of contaminated properties; environmental due diligence for business transactions; regulatory compliance and permitting; regulatory agency inspections; industrial and specialty chemical compliance and health hazard evaluations/product liability claims; environmental management systems (including ISO 14001); crisis management; enforcement and dispute resolution; and business strategy development. His practice philosophies are straightforward and results oriented: preventative action is better (and less costly) than reaction; “there is risk and there is risk that matters”; “begin with the end in mind”; “fail to plan, plan to fail”; and environmental lawyers and consultants can and should add value to a deal, not kill it.

As a result of his work on numerous high-profile matters — including collaborations with law firms and clients around the world through the Interlaw legal network — Andrew has gained a positive reputation for providing effective environmental support in domestic and cross-border energy, corporate and real estate transactions. In such matters, he regularly represents buyers, sellers, developers, banks and institutional lenders, energy companies and environmental engineering/consulting firms. Among other services, Andrew develops and negotiates deal documents and designs and implements environmental insurance and other risk/liability-transfer mechanisms (such as guaranteed fixed price and aligned-interest remediation contracting) to creatively manage environmental concerns and close deals involving contaminated properties, including in the bankruptcy context.

In the area of compliance counseling, Andrew assists manufacturers,  lenders/investors, public and private schools, colleges and universities, developers and property owners with site assessments, environmental auditing, reporting/disclosures to regulatory agencies, record keeping and other compliance obligations under various programs governing asbestos, PCBs, lead, radon, mold, emerging contaminants (such as PFAS) and other environmental, health and safety issues.

When accidents and other environmental crises arise, Andrew is regularly tapped to provide rapid, focused and result-driven counsel. He is known internationally for his work in the area of oil spills and natural resource damages and has represented some of the world's largest shipping companies and their insurers in numerous marine casualty events throughout the United States, including in the Gulf of Mexico, the Mississippi River, the northern Atlantic (Buzzards Bay) and Pacific (Puget Sound) oceans, and in international waters. He provides strategic guidance regarding natural resource damage assessment and restoration requirements under US laws to the International Group of P&I Clubs, which provides marine liability cover (protection and indemnity) for approximately 90% of the world's ocean-going tonnage.

In addition to his work on traditional environmental matters, Andrew has significant experience in fast-developing and consequential issues such as climate change. He provides strategic advice to insurance and energy clients regarding potential risks and opportunities associated with global warming, including with respect to potential liability and new-product development, and counsels clients on SEC environmental disclosure obligations and forward-looking statements in financial filings and reporting.

Andrew serves as a director and in other advisory capacities for several environmental organizations, including the Blue Latitudes Foundation, where he has helped guide its initiatives, including the R2R (“Rigs to Reefs”) program that promotes the repurposing of decommissioned offshore infrastructures for the development and sustainability of healthy marine environments.

In addition to his numerous publications, he speaks regularly on a variety of environmental topics. Andrew is an adjunct professor of environmental science, law and policy at Connecticut College and a Fellow at the Goodwin-Niering Center for the Environment.

 

Credentials

Education

  • George Washington University Law School, J.D., 1990
  • Trinity College, B.S., 1981
  • University of Massachusetts at Amherst, M.S. and Ph.D., 1983, 1987

Bar Admissions

  • Connecticut
  • Massachusetts

Court Admissions

  • U.S. District Court, District of CT
  • U.S. District Court, District of MA

Distinctions

  • AV Preeminent® Rated, Martindale-Hubbell
  • Listed as a Connecticut Super Lawyer®, Environmental (2013–present)
  • Listed in Chambers USA, Environment (2007–2008; 2017–present), Band 1 (2023–present)
  • EuroMoney, Legal Media Group Expert Guide, Leading Environmental Law Practitioner, Energy and Environmental (2018–present)
  • Goodwin-Niering Center for the Environment, Fellow (2013–present)
  • Who's Who in American Law
  • Leadership Greater Hartford (Class of 1997)
  • George Washington Journal of International Law & Economics (1988–1990)
  • Sigma Xi: The Scientific Honor Society
  • Featured publications:
    • The Home Environmental Sourcebook: 50 Environmental Hazards to Avoid When Buying, Selling, or Maintaining a Home, Owl Books/Henry Holt & Co.
    • ISO 14001: Meeting Business Goals Through an Effective Environmental Management System, Bureau of Business Practice/Simon & Schuster

Teaching Positions

  • Connecticut College: Adjunct Professor, Environmental Science, Law and Policy (1994-present)

Professional Affiliations

  • Blue Latitudes Foundation, Board of Directors (2019–present)
  • Connecticut Brownfields Initiative, Advisory Board (2017–present)
  • Connecticut Sustainable Business Council, Founding Member (2017–present)
  • The Maritime Law Association of the United States (2013–present)
  • Strafford Publications, Inc., Environmental Law Advisory Board (2011–present)
  • University of Connecticut Real Estate Center Council, Executive Committee (2006–present)
  • Great Lakes Natural Resource Damage Assessment Advisory Group, Past Steering Committee Member (2007–2010)

Community Involvement

  • Town of Marlborough Lake Advisory Commission: Past Chairman (1992-2006)

Experience

Environmental

Legal and Technical PFAS Risk Management Planning for a Multi-State Food and Beverage Company

We provide comprehensive assistance to a large, multi-state food and beverage client undertaking an extensive legal and technical PFAS risk management plan to address its potential operational risks, including up and down its supply chain. The project involves engaging and directing a national environmental consulting firm, coordinating technical and legal advice on the rapidly changing legal/regulatory federal and multi-state landscape, advising on technical, health and litigation developments and addressing all stages of the client’s operations from procurement, food production, transportation, packaging and distribution. Our ongoing support also includes advising on PFAS sampling strategies, supply chain contracts, insurance coverage (looking backward and forward) and stakeholder communications.

Ongoing Assistance to Food and Beverage Companies Regarding PFAS and Food Packaging Compliance

As state-level bans on intentionally added PFAS in food packaging continue to go into effect, we regularly assist food and beverage companies with multi-state and international footprints undertake highly nuanced legal and technical evaluations of PFAS risks associated with food packaging and compliance. This effort includes requesting certificates of compliance from upstream food packaging suppliers as well as evaluating and responding to similar demands from downstream distributors, wholesalers and retailers.

Advising Regional Airport Operator Regarding Potential Historical PFAS Contamination

As part of its obligations under a long-term lease and management agreement, we are advising an airport operator in connection with potential historical PFAS contamination from on-site firefighting training.  Our advice includes evaluating current and future federal and state PFAS requirements, developing a strategic investigation/due diligence approach, evaluating potential remediation and mitigation/risk management options (including environmental insurance) and negotiating the allocation of responsibilities and liabilities among various parties.

Assisting a Multinational Specialty Chemicals Manufacturer Evaluate and Manage PFAS Risks Associated with Site Remediation and Wastewater Management

We are assisting a multinational specialty chemicals manufacturer assess and manage various PFAS risks, including on- and off-site soil and groundwater remediation, wastewater discharges/permitting, hazardous waste generation and transitioning the facility’s stationary and mobile fire suppression systems away from PFAS-containing aqueous film forming foam (AFFF).

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Food and beverage

Assisted International Food Producer Prepare for the Sale of an Operating Facility, Including Counseling on Defensive Environmental Due Diligence and PFAS Risk Management

Assisted an international food producer prepare for the sale of a former manufacturing facility, including developing a PFAS sampling plan in response to a potential buyer’s overly broad environmental due diligence demands. We developed a strategic plan for compliance with the CT Transfer Act, designing sampling safeguards to deal with the potential for triggering Connecticut’s “Significant Environmental Hazard” reporting requirements related to PFAS and holding anonymous discussions with the CT Department of Energy and Environmental Protection regarding defensive sampling results and interpretation of “background” PFAS levels.

Industrial and specialty chemical compliance

Quarantine, Voluntary Disclosure and Corrective Action Plan

Upon discovery of potential TSCA violations, performed internal investigation and drafted voluntary self-disclosure to EPA on behalf of specialty chemical company.  Represented client in meeting with EPA enforcement office, emphasized favorable conditions and behavior, resulting in mutually agreeable Consent Agreement and Final Order with lowest penalty allowed by EPA Audit Policy.   Prepared Low Volume Exemption (LVE) application for subject substance in parallel with enforcement proceedings, resulting in sufficient authorized import volumes for client’s business needs.  Peripheral support activities included implementation of quarantine and monitoring of affected containers, collaboration with substance manufacturer/supplier, advising on Safety Data Sheet content and documenting waste/release procedures.

Advised Manufacturer on Domestic and International Specialty Chemical Compliance Matters

Represented an international metalworking fluid developer, manufacturer and service provider. Assisted with registrations and compliance for new products and ingredients under applicable state and federal laws, including the recent substantive amendments to the federal Toxic Substances Control Act (TSCA). Also advised on federal and state hazard warning/labeling requirements and on the regulatory/compliance aspects of potential formula and manufacturing process changes.

Completion of Domestic and Foreign Chemical Substance Notifications

Successfully guided specialty chemical company through EPA Premanufacture Notice (PMN) process, resulting in the substance’s addition to the TSCA inventory.  Similarly, guided client through Environment Canada’s New Substance Notification (NSN) Process, resulting in the substance’s addition to the Domestic Substances List (DSL).  Peripheral support activities included the filing of a Bona Fide Notice to Import or Manufacture, utilizing Inventory Expert Service (IES) to document CAS Registry Name and Number, evaluating feasibility of Polymer Exemption and Reduced Regulatory Requirement (RRR) Polymer registration paths, arrangement of gel permeation chromatography (GPC) testing,  assessment of confidential business information and leading discussions with domestic and foreign partners and governments.

General

Property Disposition and Development Agreement Between Municipality and Native American Tribe for Development of Mixed Use Property

Represented the Town of Preston, Connecticut in connection with the negotiation and Town approval of an agreement between the Town and the Gaming Authority to sell approximately 400 acres of Town property to the Gaming Authority for a $200 million to $600 million mixed use development.

$16M Tax Credit Financing Construction to Permanent Loan

$16M Tax Credit Financing Construction to Permanent Loan secured by leasehold mortgage in certain real property in Connecticut. The transaction also involved Low Income Housing Tax Credits (state and federal), a Department of Housing Loan, Section 8 Housing, an Affordable Housing Loan and a Subsidized Advance from Federal Home Loan Bank of Boston. Additionally, our environmental team advised on environmental and remediation requirements.

Environmental Remediation of Contaminated River and Property

Successful representation of Exide Group, Inc. which formerly operated a battery manufacturing facility in Connecticut, in obtaining federal, state and town approvals to remediate contaminated river sediments. Working with the Connecticut Department of Energy & Environmental Protection (DEEP) and agencies at the local and federal levels, our environmental lawyers assisted Exide on a project for removing more than 27,000 cubic yards of lead-contaminated sediments, by participating in facilitated meetings with stakeholders to develop consensus on implementing a state-of-the-art remediation plan.

Closing of Commercial Real Estate Mezzanine Financing Loan Origination

Represented a real estate debt investment fund in the closing of an approximate $5MM mezzanine loan behind a conduit/CMBS investment bank mortgage lender (for a total capital stack of approximately $40 MM). The underlying property was an office building located in the greater New York City area. Additionally, our environmental team advised on environmental due diligence, environmental insurance options and negotiated the terms of the environmental indemnity agreement to provide our client with stronger protection against environmental risks, including the known contamination on the property.

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Andrew N. Davis bio photo

Hartford

860.251.5839

adavis@goodwin.com

Areas of Focus

  • Environmental
  • Environmental Litigation and Enforcement
  • PFAS
  • Counseling, Permitting and Transactional Support
  • Industrial and Specialty Chemical Compliance
  • Environmental Insurance and Risk Management
  • Emergency Response and Natural Resource Damages
  • Clean Energy and Renewable Fuels
  • Opportunity Zones
  • Independent Schools
  • Workplace Environmental, Health and Safety

Related Industries

  • Data Centers
  • Manufacturing
  • Education
  • Food and Beverage
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