New York:
Times Square Tower
7 Times Square
New York, NY 10036
Phone+1-212-326-2003
Fax+1-212-326-2061

 

Eric Rothenberg

Partner


Eric B. Rothenberg is a partner in O’Melveny’s New York office and directs the Environmental Practice.  He represents business and financial institutions in a broad range of adversarial environmental matters, including superfund proceedings, toxic tort claims and private cost recovery actions. 

Drawing upon prior experience as a graduate-degree environmental engineer, Eric directs diligence and documentation of transactions, financings and reorganizations involving industrial and commercial properties.  He also serves as lead counsel and court-appointed allocation counsel at National Priorities List superfund sites.  He is a frequent speaker and author of numerous publications including current U.S. and International Environmental Law summaries for the PLI Corporate Legal Counsel series.  He is recognized by Chambers USA, Best Lawyers in America, Super Lawyers, and International Who’s Who as one of the leading US environmental lawyers.  Eric is a member of the 2011 Environmental Law360 editorial advisory board.

Illustrative Professional Experience

Transactional Matters:

  • American Capital Strategies Ltd. in its acquisition of Axygen, Inc.
  • Apollo Global Management in the US$1.8 billion acquisition of the Bighorn oil and gas assets of Encana Corp. in Canada’s Alberta Deep Basin
  • Apollo Global Management in partnering with Caelus Energy Alaska LLC in its $300 million acquisition of the Alaskan oil and gas business of Pioneer Natural Resources
  • Apollo Global Management in its acquisition of certain assets of Hostess Brands, Inc.’s baked snack foods business for US$410 million in cash
  • Apollo Global Management in its $1.4 billion acquisition in NewPage, a privately held producer of printing and specialty papers
  • Apollo Global Management in its $190 million acquisition of the formic acid business of Kemira Oyj
  • Apollo Global Management in its $400 million acquisition of Pitney Bowes Management Services
  • Apollo Global Management in its $2.5 billion purchase of McGraw-Hill’s education unit and related diligence
  • Apollo Global Management in forming a strategic partnership with Jimmy Sanders, Inc.
  • Apollo Global Management in partnering with London developer Glebe Asset Management Ltd. in its acquisition of Data Centre
  • Apollo Global Management in its $7.15 billion acquisition of El Paso Corporation’s oil and gas exploration units
  • Apollo Global Management in its $703 million acquisition of Wisconsin water park property owner and manager Great Wolf Resorts Inc.
  • Apollo Global Management in its $1 billion investment in Norwegian Cruise Lines Corporation Ltd.
  • Apollo Global Management in its bid for Taminco chemical company, the world's largest producer of amines and derivatives, and related diligence
  • Apollo Global Management in its $1.15 billion acquisition of Xstrata Aluminum
  • Apollo Global Management in its acquisition of International Paper Company’s fine paper business
  • Apollo Global Management in its $1.825 billion acquisition of Rexnord and $1.25 billion acquisition of Jacuzzi Brands, Inc.
  • Apollo Global Management in its $3.8 billion acquisition of the plastics, resins, silicones and quartz (Advanced Materials) division of General Electric Co.
  • Apollo Global Management in its $1.48 billion acquisition of the business and assets of the logistics division of TNT N.V., the Dutch parent company of TNT Logistics North America (now CEVA)
  • Apollo Global Management in its acquisition of, and $1.85 billion secured load and high yield note and bridge financing in connection with its acquisition, of Berry Plastics
  • Apollo Global Management and portfolio companies Borden Chemical, Inc. Resolution Performance Products LLC and Resolution Specialty Materials LLC in its formation of Hexion Specialty Chemicals, Inc. and subsequent tuck-in acquisitions of specialty chemical businesses of Akzo, Eastman, Orica, Rhodia and Reutgers
  • Apollo Global Management and the Texas Pacific Group LLC in their $15.1 billion acquisition of Harrah’s Entertainment Inc.
  • Apollo Global Management in its investment in two subsidiaries of Welspun Group
  • The Carlyle Group in its acquisition, along with other investors, in a majority stake in Luxembourg-based metals trader, the Traxys Group
  • Caxton-Iseman Capital Corp. in its acquisition of specialty packaging company IntraPac, and related diligence
  • Elementis in its acquisition of Deuchem
  • Francisco Partners in its investment in Data Connection Limited
  • International Game Technology in its acquisition of Cyberview Technology, Inc.
  • Kohlberg & Company, LLC in its acquisition of SM&P Utility Resources, Inc. and Central Locating Service, Ltd.
  • Palladium Equity Partners in its acquisition of American Gilsonite Co.
  • QSA Holdings Ltd., a portfolio company of Coller Capital Ltd, in the sale of its wholly-owned subsidiary, QSA Global Inc., to an undisclosed purchaser
  • TCW Global Project Fund II, Ltd. in its investment in a hydroelectric power plant in Puebla, Mexico
  • TCW Group in the merger of GSC Acquisition Company with Complete Energy

Professional Activities

Admitted, New York, Missouri
Admitted to Practice, U.S. Supreme Court
Member, American Bar Association; The Bar of the City of New York; American Industrial Hygiene Association
Author, "Specific Corporate Compliance Challenges By Practice Area: Environment," Corporate Compliance Practice Guide: The Next Generation (Lexis Nexis, August 2009); "Latest Developments in International Maritime Environmental Regulation," The Tulane Maritime Law Journal (winter ed., 2008); "The Greening of Older Buildings," New York Law Journal (September 29, 2008); International Environmental Law," International Corporate Practice: A Practitioner's Guide To Global Success (PLI, 2nd ed., 2008); “Successfully Minimizing Risk” in Environmental Law Deal Strategies (Aspatore Books 2008); “Exploring the Carbon Trading Landscape,” New York Law Journal (July 16, 2007); “USEPA and State Brownfield Programs,” RTM/BNA Contaminated Property Transaction Symposium, Washington DC (April 11-12, 2007); "Overview of Environmental Law," Corporate Legal Departments (PLI, 6th ed., 2006); “Overview of Environmental Law,” Westchester/Fairfield County ACCA Mergers and Acquisitions Conference (Sept. 22, 2005); “Federal and State Superfund Laws Affecting Business and Financial Transaction,” New York State Bar Association Annual Environmental Conference (July 2005)
Featured, Euroasia Industry magazine, Aviation Industry Review, “Turbulent Times” (May 2012)
Editor, “Environmental Risk Management: A Desk Reference,” Risk Management Technologies, Inc., 2d ed. (1998)
Research Assistant Professor, Harvard University School of Public Health, 1976
Awards, Recognized by AmLaw as a Top Rated Lawyer in Energy/Environmental (2013); recognized by Legal 500 in the area of Finance: Capital markets: high-yield debt offerings (2012); Chambers USA - Leading Lawyer in Environment: Mainly Transactional (2012 - 2014); PLC Cross-border Environmental Handbook - Recommended in Environment: Corporate Section in NY (2011/2012, 2009/2010 and 2008/2009); Chambers USA - America’s Leading Lawyers for Business (2008-2012); The Best Lawyers in America (2008-2010, 2012-2015); Corporate Counsel “Top Lawyer” (2008); International Who’s Who of Business Lawyers (2014, 2011, 2010, 2009, 2008, 2007, and 2006 Editions); International Who’s Who of Environmental Lawyers (2013, 2012, 2011, 2009); Named a “Super Lawyer” in a survey conducted by Law & Politics Media Inc. and published in New York Times magazine (2014, 2013, 2012, 2011, 2010, 2009, 2007); Super Lawyers, Corporate Counsel Edition (2010) - Recognized in the Environmental Litigation Section; Recognized as one of the New York Area’s Top Lawyers by New York Magazine (2009, 2011)

Northeastern University, J.D., 1981

Harvard University School of Public Health, M.S., 1976

Harvard University, A.B., 1975: magna cum laude


New York; Missouri

DC Circuit Grants SEC’s Petition for Review of SEC Conflict Mineral Ruling

US and China Announce Joint Greenhouse Gas Emission Reduction Commitments (Environment and Natural Resources)

EPA Proposes to Include Upstream Oil and Gas Operations in Greenhouse Gas Reporting Program (Energy, Natural Resources, and Environment)

Update on Air Pollution Control and Enforcement in China (Environment and Natural Resources)

Recent Developments Regarding Aviation Emissions (Environment and Natural Resources)

Maritime Environmental Law Update (Environment and Natural Resources)

Current Developments Affecting Hydraulic Fracturing Operations (Environment and Natural Resources)

Supreme Court Issues Mixed GHG Ruling (Environment and Natural Resources)

Europe Reopens Carbon Market/Compromises on Airline Carbon Emissions (Environment and Natural Resources)

Department of Energy Proposes Changes to Process for Reviewing Applications for LNG Exports to Non-Free Trade Agreement Countries (Energy, Natural Resources, and Environment)

Environmental Protection Agency Proposes Greenhouse Gas Emissions Reductions (Environment and Natural Resources)

Industry Groups’ Emergency Motion for Full Stay Denied by DC Circuit

Industry Groups File Motion for Full Stay of Conflict Minerals Disclosure Rule  

Renewable Fuel Standards Update - The U.S. Environmental Protection Agency Reduces 2013 Standard for Cellulosic Biofuel; The D.C. Circuit Rejects Challenges to 2013 Standards (Energy, Natural Resources, and Environment)

China Institutes Broad Reform of Environmental Protection Law (Energy, Natural Resources, and Environment)

Securities and Exchange Commission Issues Statement on DC Court Of Appeals Decision on Conflict Minerals Rule

DC Circuit Decision Holds Aspect of Conflict Minerals Disclosure Rule Violates First Amendment, Creating Uncertainty on Rule Implementation 

Recent Developments Affecting Hydraulic Fracturing Operations (Energy, Natural Resources, and Environment)

Beijing Issues New Rules to Control Air Pollution (Energy, Natural Resources, and Environment)

California Releases Hydraulic Fracturing Proposed Regulations (Energy, Natural Resources, and Environment) 

EPA to Adopt Updated ASTM Standard for “All Appropriate Inquiries" for Bona Fide Purchaser (Innocent Landowner) Defense (Energy, Natural Resources, and Environment)

U.S. Fish and Wildlife Services Issues Revised Eagle Permit Rule Allowing 30-Year Programmatic Permits (Energy, Natural Resources, and Environment)

Guilty Plea Entered in First Criminal Prosecution Under the Migratory Bird Treaty Act Against a Wind Farm (Energy, Natural Resources, and Environment)

EPA to Adopt Updated Standard for “Bona Fide Purchaser “ Exclusion to Superfund Liability (Energy, Natural Resources, and Environment)

The U.S. Environmental Protection Agency Proposes Renewable Fuel Standards for 2014 that Reduce Advanced Biofuel and Total Renewable Fuel Volumes (Energy, Natural Resources, and Environment)

The U.S. Environmental Protection Agency Proposes Renewable Fuel Standards for 2014 that Reduce Advanced Biofuel and Total Renewable Fuel Volumes (Energy, Natural Resources, and Environment) 

California Adopts Strict New Law Regarding Fracking (Energy, Natural Resources, and Environment)

U.S. Fish and Wildlife Service Releases Draft Environmental Assessment for First Programmatic Eagle Take Permit (Energy, Natural Resources, and Environment)

The U.S. Environmental Protection Agency Proposes New Standards to Regulate Carbon Dioxide Emissions from New Power Plants (Energy, Natural Resources, and Environment)

Recent Developments in Maritime Environmental Law (September 2013 edition)(Energy, Natural Resources, and Environment)

Current Environmental Law Developments in China (Energy, Natural Resources, and Environment)

The U.S. Environmental Protection Agency Issues Final Renewable Fuel Standards for 2013 and Further Reduces Cellulosic Biofuel Volume (Energy, Natural Resources, and Environment)

China and U.S. Agree on Air Emission Reduction Initiatives (Energy, Natural Resources, and Environment)

U.S. Fish and Wildlife Services Issues Eagle Conservation Plan Guidance for Wind Energy Projects (Energy, Natural Resources, and Environment)

Recent Developments Affecting Hydraulic Fracturing Operations (Energy, Natural Resources, and Environment)

Department of Energy Approves Second Application for LNG Exports to Non-Free Trade Agreement Countries (Energy, Natural Resources, and Environment)

EPA Proposes New Effluent Guidelines and Standards for Existing and New Steam-Electric Power Plants  (Energy, Natural Resources, and Environment)

Lawsuits Filed Against the EPA Over Boiler Rules (Energy, Natural Resources, and Environment)

European Union Postpones Greenhouse Gas Emissions Rules for International Aviation (Energy, Natural Resources, and Environment)

Bill to Rein In California’s Proposition 65 Introduced (Energy, Natural Resources, and Environment)

EPA Issues Final Adjustments to “Boiler MACT” Hazardous Air Emissions Rules (Energy, Natural Resources, and Environment)

Department of Energy Study Boosts Prospects for U.S. LNG Exports, but Challenges Remain (Energy, Natural Resources, and Environment)

Recent Developments in Maritime Environmental Law (December 2012 edition) (Energy, Natural Resources, and Environment)

Latest Developments in Green Chemistry from California; EPA Urged to Provide Guidance on “Green” Products (Energy, Natural Resources, and Environment)

EU Moves to Suspend Airline Emissions Program (Energy, Natural Resources, and Environment)

California Court of Appeal Requires That Only “Known” Carcinogens And Reproductive Toxins May Be Included On The Proposition 65 List (Energy, Natural Resources, and Environment)

The European Chemicals Agency Lists 38 Chemicals as Potential Substances of Very High Concern (Energy, Natural Resources, and Environment)

U.S. Takes Action on EU Efforts to Regulate Aviation Carbon Emissions (Energy, Natural Resources, and Environment)

Japanese FIT Law Takes Effect (Energy, Natural Resources, and Environment)

D.C. Circuit Upholds EPA Greenhouse Gas Regulations (Energy, Natural Resources, and Environment)

Recent Developments in Maritime Environmental Law (May 2012 edition) (Energy, Natural Resources, and Environment)

Hydraulic Fracturing: Update on EPA Actions; Background on Environmental Issues (Energy, Natural Resources, and Environment)

Japan Adopts Procurement Prices for Renewable Energy (Energy, Natural Resources, and Environment)

EPA’s New Construction General Permit Takes Effect: Contractors now responsible; significant new requirements imposed (Energy, Natural Resources, and Environment)

Recent Developments in Maritime Environmental Law Update (February 2012 Edition) (Energy, Natural Resources, and Environment)

Recent Developments in Maritime Environmental Law Jan 2012 (Energy, Natural Resources, and Environment)

Environmental Law (PLI: Corporate Legal Departments, November 2011)

Recent Developments in Maritime Environmental Law Nov 2011 (Energy, Natural Resources, and Environment)

New York State Proposes Hydraulic Fracturing Rules (Energy, Natural Resources, and Environment)

Japan Passes Renewable Energy Law (Energy, Natural Resources, and Environment)

IMO’s Environmental Committee Approves Several New Requirements (Energy, Natural Resources, and Environment)

California Air Board Expands Clean-Fuel Shipping Zone/EPA Steps Up Enforcement (Energy, Natural Resources and Environment, March 2011)

Federal Trade Commission Issues Guidance/Steps up Enforcement Efforts on Green Claims (Energy, Natural Resources and Environment, March 2011)

Specific Corporate Compliance Challenges by Practice Area: Environment (Lexis Nexis, 2010)

Kerry and Lieberman Present Much-Anticipated Climate Bill (Environmental Law and Natural Resources Alert)

International Maritime Organization Approves Emission Limits for Ships Operating in North American Coastal Waters (Environmental Law and Natural Resources Alert)

EPA Tailoring Rule Implementation to be Delayed Until 2011 (Environmental Law and Natural Resources Alert)

EPA Provides Details of Plans for Greenhouse Gas Regulation (Environmental Law and Natural Resources Alert)

SEC Publishes Interpretive Guidance on Climate Change Disclosure (Corporate Finance Alert)

EPA's Proposed Tailoring Rule — Another Significant Step Toward Regulating Climate Change Under The Clean Air Act (Environmental Law and Natural Resources Alert)

Second Circuit Revives Climate Change Public Nuisance Lawsuit Against Electric Power Companies (Environmental Law and Natural Resources Alert)

China Passes Resolution on Climate Change (Environmental Law and Natural Resources Alert)

Highlights from IMO’s Marine Environment Protection Committee Meetings - July 2009 (Environmental Law and Natural Resources Alert)

EPA and California Reduce Allowable Emissions from Large Ships (Environmental Law and Natural Resources Alert)

Q&A With O'Melveny & Myers' Eric Rothenberg (Law360, June 8, 2009)

In Burlington Northern, U.S. Supreme Court Upholds Apportionment Defense to Joint and Several Liability/Reaffirms “Useful Product” Defense Under Federal Superfund Law (Environmental Law and Natural Resources Alert)

Latest Developments in International Maritime Environmental Regulation (Originally published in Vol. 33 TUL.MAR. L.J. p. 137-163 (2008))

Exploring the Carbon Trading Landscape (New York Law Journal, July 16, 2007)

Stimulus Bill Provides Boost to Environmental Programs (Environmental Law and Natural Resources Alert)

EPA Begins Regulation of Maritime Discharges (Environmental Law and Natural Resources Alert)

EPA Implements Audit Policy for New Owners (Environmental Law and Natural Resources Alert)

Public Company Climate Change Disclosure Developments (Environmental Law and Natural Resources Alert)

Global Developments in Consumer Products Regulation (Environmental Law and Natural Resources Alert)