Eric Rothenberg

Of Counsel

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Eric B. Rothenberg leads the Firm’s Environmental, Safety and Health Practices. He represents business and financial institutions in a broad range of adversarial matters, including superfund proceedings, toxic tort claims, private cost recovery actions and administrative proceedings. 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. Eric also Co-leads the Firm’s, ESG task force group.

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® for Environmental Law in New York, NY (2022-2024); Eric has been listed in Best Lawyers® since 2008
  • Chambers USA - Leading Lawyer in Environment: Mainly Transactional (2012-2023)
  • Recognized by The Legal 500 US as a Leading Lawyer for Environment: Transactional (2019-2023) 
  • Recognized by Super Lawyers in the Environmental Litigation section (2007, 2009-2012)
  • Recognized by Who’s Who Legal: Environment (2009-2012)
  • 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)

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
  • Environmental Editorial Advisory Board

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

  • Panelist, “ESG: The Role of Lawyers Today and in the Future”, International Bar Association, NY (March 1, 2023)
  • 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)

Teaching

  • Instructor, Fordham Law School Corporate Counsel Program: Superfund and Brownfield Development Law (2015-2020) 
  • Instructor, Cornell Law/Johnson Business School Combined Degree Program – Environmental Law Litigation/Insurance (2008-12)
  • Reasearch 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 ABC Technologies, an automotive plastics firm with facilities across the US and Mexico
  • Tegra with respect to the diligence and documentation for the roll up acquisition of a sportswear manufacturer 
  • Apollo Global Management in its acquisition of Taminco Corp. (Taminco), the world’s largest producer of alkylamines and alkylamine derivatives, and the US$2.8 billion sale of Taminco to Eastman Chemical Company, a global producer of specialty chemicals
  • Verso Paper in its US$1.4 billion acquisition of NewPage, a privately held producer of specialty paper products and subsequent restructuring proceedings
  • Apollo Global Management in its US$7.15 billion acquisition of El Paso Corporation’s oil and gas exploration units
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Alerts and Publications

California Legislature Passes Climate Disclosure Bills

September 14, 2023

Maritime Environmental Law Update (August 2023 Edition)

August 9, 2023

Environmental Justice Update (August 2023)

August 7, 2023

EU Proposes New “Green Claims Directive” Targeting Greenwashing in Consumer Products

April 18, 2023

US and International Development in Plastics Stewardship Law and Policy

April 4, 2023

Mining Company Agrees to Pay US$56 Million to Settle SEC ESG Disclosure Suit

March 31, 2023

Environmental Justice Update (March 2023)

March 16, 2023

Maritime Environmental Law Update (March 2023 Edition)

March 13, 2023

IRS Issues Guidance on the Code Section 48C Advanced Energy Project Investment Tax Credit

February 27, 2023

Practice What You Preach: As ESG Expectations Rise, So Do the Risks of Not Measuring Up

February 13, 2023

Insights 2023

January 31, 2023

EU to Impose Carbon Border Tax on Imported Products

January 10, 2023

DOL Issues Final ESG Rule, Allowing Latitude for Fiduciaries to Consider Environmental, Social, and Governance (ESG) Factors

December 12, 2022

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

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