Eric Rothenberg

Of Counsel

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

The Carlyle Group in its acquisition, along with other investors, in a majority stake in Luxembourg-based metals trader, the Traxys Group
CI Capital Partners in its sale of building products distributor, FBM, to Lone Star for $560 million
CI Capital Partners in its sale of chemicals firm KIK Custom Products to Centerbridge Partners for $780 million
Apollo Global Management in its acquisition of Houston-based oilfield services company, Express Energy Services
Apollo Global Management and its Paris-based portfolio company, Constellium NV, a global aluminum fabricator, in the $1.4 billion acquisition of privately held Wise Metals Group LLC, a leading producer of aluminum can stock for the beverage and food industries
Apollo Global Management and its portfolio company, Talos Energy Offshore LLC, in the $200 million acquisition of certain Gulf of Mexico off-shore, shallow zone oil and gas properties from Stone Energy Corp.
Apollo Global Management in its $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 $410 million in cash
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
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 $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. and subsequent $3 billion merger with Prestige Cruises International
Apollo Global Management in its $1.15 billion acquisition of Xstrata Aluminum (now Noranda)
Apollo Global Management in its acquisition of International Paper Company’s fine paper business (renamed Verso Paper)
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 the 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 Caesar’s/Harrah’s Entertainment Inc.
Apollo Global Management in its investment in two subsidiaries of Welspun Group
CI Capital Partners in its acquisition of specialty packaging company IntraPac
CI Capital Partners in its acquisition of Valley National Gases Incorporated
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.
KIK Custom Products, Inc., a portfolio company of CI Capital Partners, in its $300 million acquisition of the BioLab pool care additives business of Chemtura Corporation
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