Menu
Back To Search

Lisa K. Rushton

Partner, Environmental and Energy Practice
T 1(202) 551-1786
F 1(202) 551-0186

Lisa Rushton is a partner in the Environmental and Energy practice of Paul Hastings’ Washington, D.C. office. Ms. Rushton represents real estate developers, investment funds, corporations, and financial institutions around the world on matters relating to federal, state, and local environmental, health and safety laws and regulations and was identified by Chambers as one of the leading environmental practitioners for business transactions in Washington, D.C.

Ms. Rushton counsels clients on environmental issues attendant to financing facilities, corporate and real estate transactions, public offerings, and bankruptcy proceedings. She assists buyers, sellers, lenders, borrowers, debtors, landlords and tenants understand and apportion environmental liabilities and draft and negotiate contractual provisions covering environmental aspects of business and real estate transactions and proceedings. Ms Rushton oversees the investigation and remediation of site conditions; she manages environmental due diligence for prospective acquisitions, divestments and investments; she counsels clients on compliance obligations and the implementation of environmental management systems; and she assists in the defense of claims relating to environmental liabilities and allegations of non-compliance.

Ms. Rushton has substantial experience in matters relating to air and water pollution control laws, solid and hazardous waste management and cleanup, toxic substance control laws and the development of “brownfield” properties.

Ms. Rushton routinely evaluates liabilities and counsels clients with a wide variety of operations, including energy generation and sale, waste management, real estate development, telecommunications, pharmaceutical and specialty chemical manufacturing, adhesives and coating manufacturing, pulp and paper operations, aluminum and steel mills, and airport management companies. Ms. Rushton also represents industry interests in the development of new environmental, health and safety legislation and regulations at the federal, state and local level.

Experience

  • Supervised the environmental due diligence and negotiated the environmental provisions of the related deal documents for the acquisition of Class II disposal wells and management facilities for E&P waste
  • Represented clients in the acquisition and divestment of specialty chemical companies, adhesives and coating manufacturers, paper production facilities, industrial components and equipment manufacturers and companies focused on the development of aerospace and defense components
  • Supervised environmental due diligence associated with the power supply, transmission, cogeneration, hydroelectric, biomass, natural gas pipeline and utility holding company acquisitions and divestments for various utility companies and private equity investors
  • Served as environmental counsel for one of the largest national waste management companies on over one billion dollars in acquisitions of landfills, hauling routes and transfer stations, including the conduct of due diligence, oversight for permit transfers, compliance with good character disclosure requirements, and negotiation of purchase and sale agreements
  • Represented one of the largest international food and nutrition companies on the negotiation of fixed price remediation contracts
  • Represented municipal government on the negotiation of brownfield redevelopment contracts for more than 1,000 acres of contaminated property
  • Represented private developers in high profile brownfield redevelopment of a mixed use project in New York City
  • Represented wind power companies in drafting and negotiating renewable energy credit agreements
  • Represented hedge fund in the acquisition and trading of solar energy credits
  • Advised power producers in several states on forthcoming cap and trade or carbon tax requirements
  • Counseled borrowers and lenders on senior and mezzanine financing, project finance, and revolving facilities for liquid natural gas storage and processing facilities, toll roads, airport expansion projects, metro development projects, mining operations, and other industrial and specialty manufacturing companies.
  • Established a national compliance program for a fixed base operator and airport management company
  • Advised a major energy producing company on the preparation of environmental representations within SEC filings
  • Advised multinational corporations and investors on carbon trading in both compliance and voluntary markets and on the development of projects under the Clean Development Mechanism of the Kyoto Protocol and drafted agreements to implement the same
  • Assisted various energy companies, financial institutions and manufacturing clients with the preparation of Title V air permit applications and successful negotiation of numerous Title V permits with local, state, and federal permitting authorities
  • Counseled manufacturers of laundry detergents on compliance with the EPA’s High Production Volume Challenge Program
  • Advised power producers on compliance and enforcement issues concerning PSD/New Source Review (NSR) requirements at electric generating and cogeneration facilities
  • Represented financial institutions in the resolution of Notices of Violation concerning air quality requirements
  • Defended a variety of financial institutions and manufacturing clients against local, state, and federal enforcement actions alleging noncompliance with environmental laws
  • Assisted a variety of manufacturing and power producers with US Environmental Protection Agency information requests under Section 114 of the Clean Air Act and Section 104 of Superfund
  • Defended major pharmaceutical company as a potentially responsible party at numerous superfund locations
  • Represented major telecommunications company in cost-recovery litigation
  • Represented utility association and individual power producers on the development of state and federal air quality regulations, including preparation of comments on draft legislation, lobbying state regulators, and drafting state legislation
  • Assisted in the development of standards for Florida’s air emissions trading programs
  • Counseled a primary metal industry trade association in connection with federal agency rulemaking related to TSCA Section 4 Test Rules

Accolades and Recognitions

  • Chambers USA, Ranked Among Washington, D.C. Environmental Practitioners

Speaking Engagements and Publications

  • Provided CLE Training Webinar on Injection Wells:  Standards, Use and Groundwater Contamination
  • Lectured and provided in-house training sessions on Environmental Due Diligence, the Toxic Substance Control Act reporting obligations, Emergency Planning & Community Right-to-Know Act reporting obligations, Clean Air Act hazardous air pollutant regulations, and state and federal legislative processes
  • Contributing author to the Environmental Law Institute’s Climate Change Deskbook
  • Repeat contributing author on regulatory developments reported in the Environmental, Energy, and Resources Law The Year in Review
  • Unconventional Oil and Gas Reporter: State Rules for Frac Wastwater Management Vary Widely Across the US, Reflecting 'Tightrope'
  • Client Alert: The Regional Greenhouse Gas Initiative Conducting First Carbon Dioxide Allowance Auction
  • Client Alert: Proposed New York State Rule Restricting NOX and PM Emissions from Electric Generators
  • Client Alert: U.S. Supreme Court Upholds EPA’s Interpretation of Emissions Increase Under the New Source Review Program
  • Client Alert: Phase I Environmental Site Assessments – Changes are Coming
  • Client Alert:  EPA Issues Hydraulic Fracturing Chemical Disclosure Advance Notice of Proposed Rulemaking
  • Client Alert:  Drilling Into Hydraulic Fracturing and the Associated Wastewater Management Issues

Professional and Community Involvement

  • Tinina Q. Cade Foundation, Trustee
  • Commercial Real Estate Women
  • Women’s Council on Energy and the Environment
  • American Chemical Society

Education

  • Tulane Law School, J.D., 1994 (magna cum laude)
  • Bucknell University, B.A., 1989