Andrew E. SkrobackvCard
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Andrew Skroback's (Drew's) practice includes all aspects of environmental law, with emphasis on complex environmental and toxic tort litigation and transactional and business counseling.
Mr. Skroback prosecutes and defends complex environmental and toxic tort actions in federal and state courts, including related to groundwater contamination and vapor intrusion. He manages the investigation and remediation of contaminated sites under Superfund, RCRA and state authorities and engages with regulatory agencies. He conducts joint defense efforts with or prosecutes other potentially responsible parties, resolving liabilities through litigation or alternative dispute resolution. He has resolved billions of dollars of alleged client liabilities at some of the most complex contaminated sediment sites in the nation, including at the Kalamazoo and Passaic Rivers.
He has experience with a broad array of contaminants of concern, including PCBs, dioxin, TCE and other chlorinated solvents, asbestos and petroleum. He has addressed environmental issues in a bankruptcy context, environmental insurance matters, and under varied federal and state statutory frameworks, including CERCLA, RCRA, CWA, CAA, OPA and property transfer laws such as NJ ISRA.
Mr. Skroback regularly advises clients on environmental risks and permitting requirements associated with project finance, mergers, acquisitions, bankruptcy, and other business and real estate transactions, and the negotiation thereof. Mr. Skroback has advised multinational companies, banks, hedge funds, and other corporate clients on environmental issues arising in more than 100 M&A, project finance, financing, and real estate transactions.
He has advised on power and manufacturing projects in the United States and abroad, including environmental and permitting issues related to dozens of renewable energy projects (solar, on- and off-shore wind farms, nuclear and geothermal) and natural gas and coal-fired power plants.
LL.M, Environmental Law, Highest Honors, George Washington University Law School, 1997
JD, Boston College Law School, 1994
BA, University of Vermont, 1991
Mr. Skroback is admitted to practice in the District of Columbia, Massachusetts, New York and the U.S. District Courts for the Southern and Eastern Districts of New York.
- District of Columbia Bar
- Massachusetts State Bar
- New York State Bar
- Environmental Litigation: Mr. Skroback currently represents Johnson Controls, Inc. against federal and state lawsuits alleging substantial and imminent harm under RCRA and asserting class action toxic tort claims related to vapor intrusion and groundwater contamination from TCE and other chlorinated solvents from a former manufacturing facility in Indiana.
- Environmental Litigation: Mr. Skroback resolved multi-billion dollar environmental claims brought by the State of New Jersey against YPF, S.A., Argentina's largest oil and gas producer. The claims stemmed from allegations relating to dioxin pollution to the Passaic River in Newark, New Jersey, in one of the United States' largest environmental litigations, which also involved issues of fraudulent conveyance and piercing the corporate veil. Following a favorable settlement with the state, the firm achieved dismissal of seven of the eleven cross-claims brought against YPF by co-defendant Occidental Chemical Corp.
- Environmental Litigation: Represented a "Fortune 20" company and its indemnitees with respect to alleged liability of more than U.S.$1.5 billion at the Kalamazoo River Superfund Site, a PCB-contaminated sediments river site. Conducted joint defense among PRPs to action brought by the United States at an NPL-listed Superfund site spanning eighty miles of river with multiple operable units. Managed and favorably resolved client's involvement in regulatory cleanup process, negotiating with federal and state agencies and directing consultants' investigation, modeling, and cleanup activities. Managed client's contribution claims against codefendants and conducted private party mediation, addressing equitable allocation of liability and discovery/document production issues. Resolved clients' liability through regulatory settlement and contribution protection from EPA and the State of Michigan.
- Off-Shore Wind: Advised various lenders regarding permitting and environmental matters associated with four off-shore wind farms in the waters of the United States.
- Negotiated settlement of significant environmental liabilities within a bankruptcy context.
- Defended and settled lawsuit brought by a major oil company in the U.S. District Court in Illinois related to clients' alleged RCRA, CERCLA, and OPA liabilities at a large oil refinery with cleanup costs estimated at U.S.$150 Million.
- Defended and settled lawsuit brought by the State of New York in the U.S. District Court for the S.D. of NY related to clients' alleged liability at a landfill.
- Obtained release of parent corporations for environmental liabilities of subsidiaries under U.S. v. Bestfoods doctrine.
- Regularly manages the response of corporate clients to CERCLA § 104(e) and state-equivalent requests for information by EPA and state regulators.
- Advised foreign corporation with respect to subsidiaries' asbestos liabilities in the U.S.
- Addressed REACH, WEEE and RoHS EU regulatory issues in transactional contexts.
- Whitehall Award for Exceptional Pro Bono Service, 2008
- E. Randolph Williams Award for Outstanding Pro Bono Service, 2000 – 2005
- "Protecting the Rights of the Homeless," The City Bar Fund (featured attorney), 2004
Andrew is the author of more than 50 articles and book chapters on environmental subjects, including the following:
- "Environmental Update— NEPA Reform, Endangered Species, High Court," Project Finance NewsWire, August 2018
- "Environmental Update— Air Permitting, NEPA Review, Superfund," Project Finance NewsWire, June 2018
- "Environmental Update— Migratory Birds, Wetlands, US Waters," Project Finance NewsWire, April 2018
- "Environmental Update— Waters of the US, Lawsuits, Clean Air, Fallout," Project Finance NewsWire, February 2018
- "Environmental Update— Clean Power Plan, Science and Censorship, Clean Water Act Jurisdiction," Project Finance NewsWire, December 2017
- "Environmental Update—Clean Power Plan, EPA Deputy, Infrastructure Environmental Review, Flood Risk Management," Project Finance NewsWire, October 2017
- "Environmental Update—Climate Regulation, After Paris, Enforcement, Sage Grouse, Water," Project Finance NewsWire, August 2017
- "Environmental Update— Sue and settle, Paris, China and India, Greater sage grouse," Project Finance NewsWire, June 2017
- "Environmental Update ─ Executive Order, Clean Power Plan, Coal Power Plants," Project Finance NewsWire, April 2017
- "Environmental Update ─ Climate, New Script, Science," Project Finance NewsWire, February 2017
- "Environmental Update ─ Trump on Climate Change, Transition Team, EPA Administrator, Obama Regulatory Legacy, New Climate Leadership, Naming Names," Project Finance NewsWire, December 2016
- "Environmental Update ─ Clean Power Plan, Indiana Bats, Greater Sage Grouse, Hydro," Project Finance NewsWire, October 2016
- "Environmental Update ─ Clean Water Act, Lesser prairie chicken, Climate change, Carbon emissions," Project Finance NewsWire, August 2016
- "Environmental Update ─ Methane Emissions, Clean Power Plant Update," Project Finance NewsWire, June 2016
- "Environmental Update ─ Lesser Prairie Chicken, Clean Power Plan, The Next Justice," Project Finance NewsWire, April 2016
- "Environmental Update ─ Northern Long-Eared Bat, Eagles, Clean Power Plan Litigation, Wind and Solar Incentives, MACT Rule," Project Finance NewsWire, February 2016
- "Environmental Update ─ Clean Power Plan, Power Effluent Guidelines, Climate Change, Banks," Project Finance NewsWire, November 2015
- "Environmental Update ─ Migratory Birds," Project Finance NewsWire, September 2015
- "Environmental Update — Obama, Clean Power Plan, carbon emissions, northern long-eared bat, Indiana bat, wind, Michigan v. EPA, mercury, power plants," Project Finance NewsWire, May 2015
- "Environmental Update — EPA, greenhouse gas emissions, section 111(d)," Project Finance NewsWire, September 2014
- "Environmental Update – Obama, Carbon Emissions, Greenhouse Gas, EPA, Cooling Water, Cross-State Air Pollution Rule (CSAPR), Federal Jurisdictional Waters, Wetlands," Project Finance NewsWire, June 2014
- "Environmental Standards ASTM E1527-13 Released By ASTM, Warsaw Global Climate Change Talks; California Battery Procurement, Energy Storage," (Contributor), Project Finance NewsWire, December 2013
- "D.C. Circuit Lets Stand its Decision to Vacate Cross-State Clean Air Rule (Special Update)," Client Alert, January 28, 2013
- "First Auction Of California Cap And Trade Program Proceeds Despite Lawsuit (Special Update)," November 14, 2012
- "Environmental Law," Chief Executive Legal Guide, August 2012
- "Pollution Limits Set Aside (Special Update)," Client Alert, August 23, 2012
- "Appeals Court Upholds US Greenhouse Gas Rules (Special Update)," Client Alert, June 27, 2012
- "US Mercury Rule Survives Senate Vote (Special Update)," Client Alert, June 20, 2012
- "US Fish And Wildlife Service Voluntary Land-Based Wind Project Guidelines (Special Update)," Client Alert, March 2012
- "EPA Proposes Greenhouse Gas Limitations for New Power Plants (Special Update)," Client Alert, March 2012
- "The American Recovery and Reinvestment Act of 2009: An Overview of its Renewable Energy and Energy Efficiency Provisions," Special Bulletin, February 17, 2009
- "The Cost of Being Green," Private Equity Real Estate, October 2008
- "Contaminated Sediment Sites: Agency Roadmaps and Regulators," Real Estate Finance Journal, Fall 2006
- "Cooper Industries v. Availl: the Aftermath," Andrew’s Environmental Litigation Reporter, Vol. 26, Iss. 25, July 2006
- "Hudson River Agreement Reflects New Policies for Contaminated Sediment," BNA's Daily Environment Report, March 1, 2006
- "EPA-GE Hudson River Agreement Reflects New EPA Policies for Managing Contaminated Sediment Sites," BNA's Environmental Due Diligence Guide, February 1, 2006
- "Reinventing the EPA," Columbia Journal of Environmental Law, 1998
- "Ethical Activism and the Ethical Investor," Journal of Corporations Law, 1997
- "The EC’s Proximity Principle, Free Movement of Goods, and Regulation 259/93 on Trans-Frontier Waste," BC International & Comparative Law Review, 1994
- Presenter, "Navigating a Post-Aviall World: Legal Pitfalls and Opportunities Following the U.S. Supreme Court’s Decision in Cooper Industries v. Aviall," Environmental Law Institute, Washington, D.C., November 9, 2006
- Presenter, "Dams and Contaminated Sediments: Examining Risks and Liabilities as Dams Age," 22nd Annual International Conference on Soils, Sediments and Water at UMass, Amherst, MA, October 18, 2006
- Secretary: Association of the Bar of the City of New York, Environmental Law Committee, 2008 - 2011
- Law Clerk to the Hon. James G. Glazebrook: United States District Court for the Middle District of Florida, 1997 – 1999