Eric Rothenberg
Times Square Tower
7 Times Square
New York, NY, 10036
Phone: +1-212-326-2003
Fax: +1-212-326-2061
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Gregory Thorpe
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-6593
Fax: +1-213-430-6407
PROFESSIONALS
- Related Practices
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American Capital, Ltd.
Apollo Management, L.P.
Berry Plastics
Black Canyon Capital LLC
BP Amoco
Caxton-Iseman Capital, Inc.
CCMP Capital Advisors, LLC
Cerberus Capital Management, L.P.
Chemtura Corporation
Clarity Partners, L.P.
Covalence Specialty Materials Corp.
Credit Suisse First Boston
Edison International
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AIG
Bank of America, N.A
Beowulf Energy
Bicent (California) Power
BNP Paribas
Dynegy
ExxonMobil Corporation
Francisco Partners
Goldman Sachs Group, Inc.
Goldman, Sachs & Co.
Goodman Global, Inc.
Hexion Specialty Chemicals, Inc.
Home Depot U.S.A., Inc.
Honeywell International, Inc.
Insight Venture Partners
International Game Technology
J.P. Morgan Partners
Jacuzzi Brands Corporation
Jean Coutu Group (PJC) USA, Inc.
JER Partners
Kennecott Land Company
Korg USA
Lennar Corporation
Lincoln Electric Company
Marubeni
Mindray Medical International Ltd.
Mitsui Chemicals Inc.
Momentive Performance Materials Inc.
Moncada Energy Group
Morgan Stanley
Nalco Inc.
Noranda Aluminum Incorporated
Norsk Hydro ASA
Onex Corporation
Orient Overseas International Limited
Pacific Harbor Line, Inc.
Palladium Equity Partners, LL C
PG&E
Power-One, Inc.
Quality Distribution Inc.
Quiksilver, Inc.
Rexnord, Inc.
Sandisk Corporation
Southern California Edison
Trust Company of the West
UBS AG
Verizon Communications
Verso Paper Holdings LL C
Wendel Investissement
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Energy, Natural Resources and Environment
The Energy, Natural Resources and Environment (ENRE) Practice Group at O’Melveny provides the highest caliber of service available to address these environmental issues. Embodying a wealth of experience, and drawing knowledge from governmental service and work in related scientific and engineering disciplines, we are an interdisciplinary group of transactions, litigation, and regulatory practitioners working out of O’Melveny’s 16 offices worldwide.
We provide global transactional diligence and documentation support with experience in virtually every industrial, commercial, and real estate sector, including consideration of emerging worldwide regulatory issues such as greenhouse gas restrictions. Our transactional lawyers negotiate deals for the acquisition, development, and power sales of wind energy and are also involved in biomass, solar, and geothermal transactions. We have a unique capability in integrating our litigation and enforcement knowledge into transactional diligence, as well as conducting due diligence reviews involving large-scale industrial commercial transactions for private equity clients. Recent work includes reviews for clients Apollo Management, L.P., American Capital Strategies, CCMP (formerly JP Morgan), and The Jean Coutu Group. Deploying a team including litigators, environmental consultants, toxicologists, local law specialists, insurance advisors, and actuaries, we have provided diligence and documentation over five continents for Apollo in a series of transactions comprising the roll-up of Borden Chemicals, and businesses of Shell Resins, Arkema GmbH, Orica, Azko Nobel, Rhodia S.A., and Eastman Chemicals, to form Hexion Specialty Chemicals, Inc., the world’s largest producer of thermosetting resins.
When companies are charged with violation of environmental laws, we are skilled at providing creative and effective defense, often taking into consideration claims in multiple jurisdictions. We are experienced in defending civil and criminal suits and proceedings, citizen suits, class actions and mass torts, natural resource damage (NRD) claims, and siting challenges. Our toxic tort teams have provided defense as coordinating counsel on asbestos, chemical exposure, and welding rod litigation claims, framing and implementing nationwide defense and settlement strategies. We have served as litigation lead on some of the largest NRD matters to date, including our ongoing, high-profile representation of ExxonMobil in matters relating to the Valdez oil spill of 1989.
Key Facts
- O’Melveny’s far-reaching work was recognized by Asian Legal Business, which honored us with its inaugural “China Deals of the Year Award” in the Energy, Mining, and Resources category for our role as international counsel in the negotiation and execution of US$20 billion of long-term sales contracts for liquid natural gas (LNG).
- Our lawyers have been honored in Chambers USA, International Who’s Who of Business Lawyers, The Best Lawyers in America, PLC Which Lawyer?, and by Law & Politics Media Inc. Chambers USA states that “clients call on the team for ‘matters where we need substantial firepower’” and says that clients characterize our environmental team as “skillful problem solvers.”
- Our litigators are part of the team that has been recognized by The American Lawyer every year since it started its “Litigation Department of the Year” contest in 2002. In addition to winning the highly coveted award in 2004, O'Melveny received honorable mention or was chosen among the finalists in 2002, 2006, 2008, 2010, and 2012, making us one of only two US law firms that have both won the top award and achieved a clean sweep in the six contests covering the last 10 years.
- Accomplishments include arguing precedent-setting cases before the US Supreme Court, participating in the settlement of the largest pollution control litigation in US history, and completing the largest wind energy power deal in US history.
- We have substantial experience in coordination and management of large-scale proceedings. We advocate groundbreaking punitive damages strategies, and have dramatically reduced our clients’ exposure to punitive damages awards. In the Exxon Valdez litigation, our team pioneered the concept of “limited fund class action” to reduce the scope of punitive damages.
- In the area of criminal environmental litigation, we have considerable experience counseling clients on claims under hazardous waste laws, the US Clean Air Act, and the US Clean Water Act, among others. We have achieved successful settlements with the US Environmental Protection Agency through voluntary disclosures, and have convinced the US Department of Justice to close criminal inquiries without bringing charges. In one matter, we obtained favorable resolutions of multiple statewide investigations brought against BP Amoco, arising from alleged non-compliance with environmental laws regulating underground storage tanks for retail gas stations.
- We have provided effective defense of citizen suit claims—including those brought under the Federal Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, and state law such as California’s Proposition 65—regularly serving as lead counsel at National Priorities List Site matters under the US Superfund program.
- We have land use experience under current law and policy around the globe, including statutes requiring pre-development environmental assessments, such as National Environmental Protection Act (NEPA), California Environmental Quality Act (CEQA), and programs for brownfield development.
- We have experience in crises management of high-profile enforcement matters and catastrophic events.
- One of our lawyers was awarded California Trout’s Streamkeeper Award for his pro bono work representing California Trout, an organization dedicated to trout protection, in Casitas Municipal Water District v. US.
Industry Reach
- Alternative Energy
- Brownfield Development
- Carbon Trading and Greenhouse Gas Controls
- Electric Energy
- Insurance Coverage
- Maritime
- Military Base Closure
- Mining
- Natural Gas
- Natural Resources Damage Claims
- Occupational Safety and Health
- Pipelines
- Public Utilities
- Renewable Energy
Practice Strengths
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Aggregated Litigation
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Appellate Litigation
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Civil and Criminal Enforcement by Federal, State, and Local Authorities
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Class Actions
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Environmental Law
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Environmental Litigation
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Land Use and EIS Proceedings
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Superfund Litigation (including private actions)
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Toxic Tort Litigation
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Transactional Diligence and Documentation
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Greensphere
Apollo Management, L.P.
Jack Wolter
Apollo Management
Caxton-Iseman Capital, Inc.
Chemtura Corporation
Combe Fill South Landfill NPL Site
Edison International and Southern California Edison
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