Tom Mounteer is a partner in Paul Hastings’ Environmental and Energy practice and is based in the firm's Washington, D.C. office. Chambers has ranked Mr. Mounteer among the leading environmental practitioners in Washington, D.C., for business transactions.
Mr. Mounteer helps buyers and sellers, lenders and borrowers, and landlords and tenants identify, quantify, and apportion environmental liabilities that arise in business and real estate transactions. He oversees the investigation of site conditions, helps clients avail themselves of statutory defenses to liability, assists in quantifying potential liabilities, and negotiates and drafts contract terms relating to the sales, purchases, leases, and financings. In recent years, Mr. Mounteer has distilled his three decades of experience in a series of published articles.
Mr. Mounteer’s practice has particular emphases in the energy sector, disclosure of environmental liabilities, and the treatment of environmental liabilities in bankruptcy.
He also helps businesses comply with state and federal rules controlling air emissions, water discharges, waste management, and clean up contaminated properties and has represented businesses before Congress and federal and state agencies in a wide range of environmental, health, and safety matters.
In 1982, Mr. Mounteer came to Washington, D.C. to work for Congressman Gillis Long, from Louisiana's 8th Congressional District.
BUSINESS AND REAL ESTATE TRANSACTIONS
In transactional matters, Mr. Mounteer has overseen the due diligence and agreement drafting for hundreds of commercial property acquisitions (by purchase or lease), business transactions, and financings, including supervised environmental due diligence, reviewed Phase I environmental assessments and determined compliance with the “all appropriate inquiry” rule; drafted and negotiated purchase and sale agreements and credit agreements, including warranties, representations, and indemnification clauses contained in such agreements; and reviewed outstanding contractual obligations of selling corporations and renegotiated such contracts to facilitate closing when necessary. Mr. Mounteer has counseled clients in fulfilling their obligations under the New Jersey Industrial Site Recovery Act and Connecticut Transfer Act.
Mr. Mounteer has advised on scores of acquisitions and financings in the extraction and production, oil field services, electricity generation, and renewables sectors, including M&A and private equity acquisitions, bank representations in leveraged finance transactions, and debt and equity offerings.
In the oil and gas field services sectors, Mr. Mounteer has:
In the electricity generation sectors, Mr. Mounteer has:
In renewables, Mr. Mounteer has:
For three decades, Mr. Mounteer has helped clients quantify their contingent environmental remedial liabilities. For one client, this involved dozens of multi-party Superfund sites at which final remedies had not yet been selected and the client’s proportionate share not allocated. For another, it involved scores of underground storage tank cleanups in various stages of progress. Mr. Mounteer has also helped clients account for contingent liabilities associated with asset retirement obligations.
Mr. Mounteer has written SEC 10K disclosures for clients in a variety of industries. He has guided them through the thicket of making climate change-related disclosures in a time of evolving science and regulation. With colleagues, he published an early, comprehensive article on the topic: “Disclosing Effects of Climate Change in Energy, Financial Companies’ 10-K’s” BNA Daily Environment Report B-1 (Mar. 3, 2008).
Mr. Mounteer has counseled public companies on their efforts to keep their supply chains free of tin, tungsten, and gold originating from smelters in the Congo (“conflict minerals”) under the Dodd-Frank Act and in accordance with SEC rules. He has also prepared conflict minerals covenants in a manufacturing supply agreement.
In 2016, Mr. Mounteer assisted the trustee assigned to administer the liquidation plan of a former furniture manufacturer in connection with the State of North Carolina’s environmental liability claims arising in connection with four former manufacturing facilities. The State had asserted claims totaling $16 million. With Mr. Mounteer’s counsel, the trustee was able to settle the claims for $335,000.
Mr. Mounteer managed the environmental aspects of one of the largest public company bankruptcies of 2007. In this connection, he handled environmental aspects of lease rejections at contaminated properties, resolved pre- and post-petition claims, and assessed situations that would meet injunctive “imminent and substantial” standard, and thus not be “discharged” as “claims” but be visited on the re-organized entity.
Mr. Mounteer assessed the impact of General Motor’s Chapter 11 reorganization on two clients’ interests. One client had been identified as a “potentially responsible party” at several Superfund sites at which GM was also so identified. The client wanted to know what claims, if any, it would have against “new GM” for off-site arrangements for disposal from “old GM” facilities. Another client bought a business from GM over a decade prior to GM’s bankruptcy filing. GM continued to perform underground storage tank release cleanups at several client sites. Mr. Mounteer advised the client on its liability to continue cleanups at such sites if “old GM” stopped conducting them.
On behalf of an entity vested with assets after emergence from bankruptcy, Mr. Mounteer responded to government investigation and established that the entity bore no liability for a Superfund Site, at which the government expected to spend $285 million but had identified only 65 potentially responsible parties. Mr. Mounteer’s argument relied on both bankruptcy and successor liability arguments.
COMPLIANCE AND ENFORCEMENT
Mr. Mounteer has helped commercial and industrial clients ensure their facilities’ compliance with laws governing air emissions, wastewater discharges, and hazardous waste management – and defend against alleged violations.
Mr. Mounteer has helped many companies responsible for the costs of cleaning up contaminated properties under federal and state clean up laws.
LEGISLATION AND RULEMAKING
Mr. Mounteer has represented industry interests in the development of new environmental, health, and safety rules at the federal level.
Daelim Industrial to Acquire Cariflex™ Business Unit of Kraton Corporation for US$530 Million
October 31, 2019
Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2019
May 01, 2019
DBM Global Completes Acquisition of Heavy Industrial and Mechanical Leader GrayWolf Industrial
December 03, 2018
Lotus Midstream to Acquire Centurion Crude Oil Pipeline and Related Assets in Texas, New Mexico and Oklahoma from Occidental Petroleum Corporation
August 08, 2018
CJ Logistics to Acquire Majority Ownership of DCS Logistics
June 11, 2018
Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2018
May 11, 2018
Total Produce to Acquire Substantial Stake in Dole Food Company
February 01, 2018
Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2017
June 05, 2017
Samsung Electronics Acquires HARMAN for US$8 Billion
November 15, 2016
Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2016
June 08, 2016
Fujian Grand Chip Investment Fund Acquires Germany’s Aixtron for €670 Million
May 25, 2016
Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2015
May 20, 2015
Crestwood Equity Partners LP And Crestwood Midstream Partners LP Announce $7.5 Billion Merger
May 06, 2015
Paul Hastings Advised on the Financing of Chief Power Finance, LLC’s Acquisition of Coal-Fired Power Plants in Pennsylvania
December 31, 2014
Paul Hastings Represents Ogden CAP Properties, LLC in Purchase of Washington, D.C. Apartment Complex
November 14, 2014
Paul Hastings Represents Putnam Holding Company in Sale of Portfolio of New York Multifamily Residential Properties
November 10, 2014
Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2014
May 27, 2014
Paul Hastings Advises Sekisui House on Launch of U.S. Residential Development Projects
November 08, 2013
Paul Hastings Represents Shuanghui International Holdings Limited in US $7.1 Billion Acquisition of Smithfield Foods
May 29, 2013
Paul Hastings Employment Practice Honored with Chambers ''Award for Excellence'' and Firms Leading Practices and Lawyers Ranked in Chambers USA 2013
May 27, 2013
Paul Hastings Represents Klune Industries in Sale to Precision Castparts Corp.
July 02, 2012
Paul Hastings Excels in Chambers USA 2012 Guide
June 07, 2012
Paul Hastings Advises Sekisui House on U.S. Acquisition
January 18, 2012
Paul Hastings Represents Idaho Wind Partners In Renewable Energy Credit FERC Decision
September 15, 2011
Paul Hastings Excels in Chambers USA 2011 Guide
June 10, 2011
Paul Hastings Advises TPG Capital on Acquisition of Catellus Properties from ProLogis
March 01, 2011
Paul Hastings Garners Top Rankings in Chambers USA 2010 Guide
June 14, 2010
Paul Hastings Represents Medline Industries in City of Chicagos Purchase of Michael Reese Hospital Site
July 06, 2009
Paul Hastings Advises Con Edison in $1.477 Billion Sale of Generation Projects to North American Energy Alliance
December 11, 2007
Paul Hastings Represents Reliance Communications Ltd. in its Largest Acquisition to Date
July 27, 2007
Paul Hastings Represents AIG Highstar in $470 Million Acquisition of Advanced Disposal Services
August 30, 2006
Cookie Cutter Environmental Diligence Doesn't Cut It Anymore
September 21, 2018
Sophisticated Developers Know How to Assess and Manage Vapor-Intrusion Risk
May 24, 2018
Lenders' Environmental Due Diligence
March 20, 2018
The Floods Are Coming. What More Will Investors Be Told?
March 08, 2018
Practitioner Insights: Hazardous Waste Reforms Not in Trump’s Sights
July 10, 2017
Wind Resistant: Environmental liability risks persist despite change in administration
June 01, 2017
Sustainability in the Trump Era: Corporate, Global, and Enforcement Perspectives
April 03, 2017
Avoid Five common mistakes in contract environmental clauses
July 01, 2016
Informing Investors of Climate Risk: The Impact of Securities Laws in the Environmental Context
May 25, 2016
EPA’s Coal Ash Rule: Implications for Regulated Entities, Results for the Environment
November 30, 2015
Rules Governing Fracturing Conducted on Federal Lands Become Effective June 24
March 30, 2015
Seven Environmental “Do’s” and “Don’ts” for Private Equity Investors
August 04, 2014
Finding Fault With Fracking
January 01, 2012
Environmental Risk: 10 Myths
November 04, 2011
Obama Administration Efforts to Control Stationary Source Greenhouse Gas Emissions Through Rulemaking
January 01, 2011
SEC Issues Guidance Regarding Disclosure of Climate Change Risks
February 11, 2010
California Issues Preliminary Draft Regulation for a Greenhouse Gas Cap-And-Trade Program
December 17, 2009
Avoiding Ghosts of Christmases Yet to Be
August 21, 2009
Proposed EPA Rule Would Lay Foundation for Federal Cap-and-Trade System
April 22, 2009
Comprehensive Federal Legislation to Regulate Greenhouse Emissions
January 01, 2009
Disclosing Risks of Climate Change in SEC Filings
April 28, 2008
Disclosing Effects of Climate Change in Energy, Financial Companies' 10-K's BNA's Daily Environment Report. March 3, 2008.
March 03, 2008
Are Consumers Savvy About Carbon Neutral and Green Energy Marketing Claims?
January 07, 2008
U.S. Supreme Court Affirms Superfund Cost Recovery Right for Volunteers
June 27, 2007
Navigating the Current of Federal Wetlands Cases
April 24, 2007
So Youre Responsible for Your Companys Obsolete Electronic Product Management Program
August 18, 2005
The Supreme Courts Decision in Cooper v. Aviall: How Will It Affect Environmental Site Investigations, Cleanups and Litigation?
December 20, 2004
Rules for Conducting Environmental Due Diligence Slated for Change
June 27, 2004
Recognized by Chambers USA 2019
Chambers USA 2019: America’s Leading Lawyers for Business listed the firm in 44 practice areas and named 107 firm lawyers to its rankings of leading lawyers and law firms in the United States.
April 26, 2019
Recognized by Chambers USA 2018
Chambers USA 2018: America’s Leading Lawyers for Business listed the firm in 45 research areas and named 112 firm lawyers to its rankings of leading lawyers and law firms in the United States.
May 15, 2018
Recognized by Chambers USA 2017
Chambers USA 2017: America’s Leading Lawyers for Business named 46 of the firm’s practice areas and 112 individuals to its ranking of leading lawyers and law firms in the United States.
June 05, 2017
Recognized by Chambers USA 2016
Chambers USA 2016: America’s Leading Lawyers for Business named 47 of the firm’s practice areas and 112 individuals to its ranking of leading lawyers and law firms in the United States.
June 08, 2016
Williams Institute Recognizes Tom Mounteer for Excellence in Service
Tom Mounteer was
honored by the Williams Institute with the Excellence in Service Award. Tom was presented the award at the Institute's Spring Reception.
Thomas Mounteer Receives 2009 Distinguished Adjunct Teaching Award
Thomas Mounteer Receives 2009 Distinguished Adjunct Teaching Award from the George Washington University Law School
May 18, 2009