Eric Rothenberg

Of Counsel

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Eric B. Rothenberg leads the Firm’s Environmental Practice. He represents business and financial institutions in a broad range of adversarial matters, including superfund proceedings, toxic tort claims and private cost recovery actions. Drawing upon his experience as a graduate-degree environmental engineer, Eric also directs diligence and documentation of transactions, financings and restructurings/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 and LexisNexis compliance guides. He is recognized by Chambers USA, Best Lawyers in America, Super Lawyers, and International Who’s Who as a leading US environmental lawyer.

Honors & Awards

  • Recognized by Best Lawyers® 2022 for Environmental Law in New York, NY; Eric has been listed in Best Lawyers since 2008
  • Chambers USA - Leading Lawyer in Environment: Mainly Transactional (2012-2022)
  • Recognized by The Legal 500 US as a Leading Lawyer for Environment: Transactional (2019-2022), recommended for Environment: Transactional (2018), recommended for Finance: Capital markets: high-yield debt offerings (2012) 
  • Recognized by Super Lawyers in the Environmental Litigation section (2007, 2009-2018)
  • Recognized by Who’s Who Legal: Environment (2009-2019)
  • Chambers USA - America’s Leading Lawyers for Business (2008-2017)
  • Recognized by Who’s Who Legal: Business (2006-2016)
  • Named a “Super Lawyer” in a survey conducted by Thomson Reuters (2007-2016)
  • Recognized by AmLaw as a Top Rated Lawyer in Energy/Environmental (2013-2015)
  • Recognized as one of the New York Area’s Top Lawyers by New York Magazine (2009, 2011)
  • PLC Cross-border Environmental Handbook - Recommended in Environment: Corporate Section in NY (2011/2012, 2009/2010 and 2008/2009)
  • Corporate Counsel “Top Lawyer” (2008)

Admissions

Bar Admissions

  • New York
  • Missouri

Court Admissions

  • US Supreme Court

Education

  • Northeastern University, J.D., 1981
  • Harvard University School of Public Health, M.S., 1976
  • Harvard University, A.B., 1975: magna cum laude

Professional Activities

Member

  • American Bar Association
  • The Bar of the City of New York
  • American Industrial Hygiene Association

Author

  • "SEC Sues Mining Company Based on ESG Disclosures," Insights: The Corporate & Securities Law Advisor (July 2022)
  • Companies Face Demand for Third-Party CSR Certifications,” CFO.com (November 26, 2019)
  • Hydraulic Fracturing Developments,” Pratt’s Energy Law Report (Quarterly 2015-2017)
  • International Environmental Law,” International Corporate Practice: A Practitioner's Guide To Global Success, PLI, 4th ed. (Annual updates 2014-2018)
  • “Specific Corporate Compliance Challenges By Practice Area: Environment,” Corporate Compliance Practice Guide: The Next Generation (LexisNexis, August 2009-2018)
  • “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)
  • “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)

Speaking Engagements

  • Tackling Business and Environmental Risk Challenges in the Covid-19 World (June 11, 2020)

Featured

  • “Turbulent Times,” Aviation Industry Review, Euroasia Industry magazine (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)
  • O’Melveny provided environmental and regulatory due diligence and documentation for Apollo Management LP in its acquisition of Constellis Holdings. A consortium of investors led by Apollo entered into a definitive agreement to acquire Constellis for an estimated US$1 Billion. Constellis, formerly known as Blackwater, is a global consultant for military operations with a primary training facility in Moyock, North Carolina.
  • Lowell Acquisition, LLC with respect to the diligence and documentation for the roll up acquisition of a sportswear manufacturer 
  • Apollo Global Management and its portfolio company, Taminco Corp. (Taminco), the world’s largest producer of alkylamines and alkylamine derivatives, in the $2.8 billion sale of Taminco to Eastman Chemical Company, a global producer of specialty chemicals
  • Verso Paper in its $1.4 billion acquisition of NewPage, a privately held producer of specialty paper products
  • Apollo Global Management in its $7.15 billion acquisition of El Paso Corporation’s oil and gas exploration units
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Alerts and Publications

Environmental Justice Update (October 2022)

October 17, 2022

Maritime Environmental Law Update (September 2022 Edition)

September 9, 2022

Inflation Reduction Act Adds First-time Charge for Methane Emissions for the Oil and Gas Sector

August 16, 2022

California Enacts Plastics Legislation, Highlighting Global Focus on Plastics Recycling and Waste Reduction

August 4, 2022

New Restrictions on Imports Manufactured With Forced Labor Take Effect

June 24, 2022

EPA Publishes Guidance on Legal Tools to Advance Environmental Justice

June 8, 2022

SEC Steps Up ESG Enforcement and Issues Proposed Rule on Diligence and Disclosure for ESG and Impact Funds

June 3, 2022

Department of Justice Launches Comprehensive Environmental Justice Strategy

May 9, 2022

SEC Sues Mining Company Based on ESG Disclosures

May 4, 2022

SEC and International Sustainability Standards Board Head Toward Uniform Disclosure of ESG-Related Information

April 14, 2022

FERC Issues Pause in Natural Gas Pipeline Policy Statements as the White House Announces an Initiative for Increasing LNG Exports to Europe and the D.C. Court of Appeals Provides Guidance on Consideration of Greenhouse Gas Emissions

March 25, 2022

Maritime Environmental Law Update (February 2022 Edition)

February 28, 2022

FERC Issues New Policies for Review of Applications for New and Modified Natural Gas Pipelines, Including Consideration of Greenhouse Gas Emissions for Pipeline and LNG Facilities

February 22, 2022

Environmental Justice Update

January 31, 2022

California’s New Organic Waste Diversion Rules Take Effect

January 12, 2022

Maritime Environmental Law Update (July 2021 Edition)

July 28, 2021

Environmental Justice Update

May 25, 2021

US Department of Interior Reverses Trump Administration Policy on Incidental Deaths of Migratory Birds

March 30, 2021

Maritime Environmental Law Update (February 2021 Edition)

February 26, 2021

OSHA Issues New COVID-19 Workplace Safety Guidance

February 5, 2021

The Environmental Protection Agency Misses the Deadline for Setting Renewable Fuel Standards for 2021

December 17, 2020

Press Releases

In the News

Events