Overview
Jacob Hollinger is a commercial litigator and environmental lawyer in McDermott’s Energy and Project Finance practice group. He represents energy and manufacturing clients in commercial and environmental disputes and provides counseling on climate change, carbon finance, environmental compliance and environmental risk management. Prior to joining McDermott, Jacob was an environmental enforcement attorney for the U.S. Environmental Protection Agency (EPA) and New York State, with a particular focus on Clean Air Act matters, and a commercial litigator for a highly regarded AmLaw 100 firm. At McDermott, he combines his commercial litigation and environmental enforcement experience to help clients understand, address and resolve their often interlinked commercial and environmental challenges. His energy-related matters have involved engines, fuels, power plants, refineries, solar installations, landfills, waste-to-energy projects, wind farms, storage facilities, tax equity investments and multiple types of carbon-related regulatory credits. His industrial matters have involved chemicals, steel, aluminum, minerals, and many other types of manufacturing activities. He has handled a broad range of commercial, compliance and contamination-related disputes and advised a diverse set of energy, finance and manufacturing entities concerning environmental permitting, compliance and risk management issues, carbon offsets, carbon credits and ESG-related issues.
Results
Litigation
- Lead defense counsel for a roofing products manufacturer in environmental litigation; obtained favorable motion to dismiss decision rejecting the plaintiffs’ complaint.
- Lead defense counsel for Patrick Industries, Inc., a publicly traded manufacturing company, in Superfund litigation; obtained favorable motion to dismiss decision rejecting the plaintiffs’ principal claims.
- Lead defense counsel for NGL Crude Logistics, LLC, a biofuels trading company, in a major U.S. Department of Justice and U.S. EPA Renewable Fuel Standard enforcement action, resolved for a fraction of the defendant’s alleged economic benefit.
- Lead litigation counsel for a fuel importer in a favorably resolved commercial contract dispute.
- Lead litigation counsel for a fuel supply and trading company in a favorably resolved commercial contract dispute.
- Represented an energy exploration company in a favorably resolved corporate governance dispute.
- Represented New York State and U.S. EPA in dozens of environmental enforcement and compliance matters prior to joining McDermott, including:
- First chaired a federal Clean Air Act trial on behalf of five states; *
- Lead counsel for the seventeen governmental plaintiffs in New York, et al. v. Bodman, et al., No. 05cv7807 (S.D.N.Y.), a successful regulatory deadline suit against the U.S. Department of Energy; *
- Represented New York in three successful challenges to EPA Clean Air Act rulemakings, including a multi-plaintiff matter in which New York was the only plaintiff to prevail on any of its claims; *
- Represented EPA in GenOn REMA LLC v. EPA, 722 F.3d 513 (3rd Cir. 2013), a precedent-setting victory for the agency involving Clean Air Act Section 126. *
- Part of the trial team that successfully defended a major automobile manufacturer in a multibillion-dollar securities fraud action. *
Transactional Matters and Environmental Counseling
- Represented Kaiser Aluminum Corporation in its acquisition of Alcoa Warrick LLC from Alcoa Corporation, recognized as M&A Deal of the Year ($500 million – $1 billion) by M&A Advisor.
- Clean Air Act counsel for a fuel trading company, an engine manufacturer and a specialty jeep manufacturer. Have advised those and other clients concerning federal and state greenhouse gas regulations, federal and state fuel credits, federal and state emissions credits, and many other air and climate matters.
- Federal environmental and permitting counsel to a utility in connection with its acquisition of several utility scale wind and solar projects and related tax equity contributions.
- Represented Scout Clean Energy in connection with two wind farm developments and related tax equity contributions.
- Represented Irradiant Partners in connection with its investment in a biomethane business.
- Represented Nautic Partners in connection with its acquisition of Aurora Plastics.
- Represented Industrial Opportunity Partners in its acquisition and subsequent sale of Midwest Paper.
- Represented a steel manufacturer in connection with a potential steel mill acquisition.
- Represented a minerals company in connection with the potential acquisition of a mining and materials processing business.
- In 2021 alone, provided environmental counseling in connection with more than 50 other transactional matters and several compliance-related matters.
* Matter handled prior to joining McDermott.
Recognitions
- Legal 500 US 2017
- While at EPA, received a Hurricane Sandy Response & Recovery Award for “outstanding and exceptional response and recovery efforts in the face of one of the most devastating storms in Region 2’s history”
- Upon leaving EPA to join McDermott, received a Certificate of Commendation from the US Department of Justice for “outstanding performance and invaluable assistance in support of the activities of the Environment & Natural Resources Division”
Community
- Energy Bar Association
- New York State Bar Association
- New York City Bar Association
- Federal Bar Council
Credentials
Education
New York University School of Law, JD, 1997
New York University Graduate School of Arts & Sciences, MA, 1997
Swarthmore College, BA, with high honors, 1991
Admissions
District of Columbia
New York
Courts / Agencies
US Court of Appeals for the District of Columbia Circuit
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US District Court for the Western District of New York
US District Court for the District of Columbia
