• Andrew Otis provides strategic, insightful and cost-effective solutions to address the environmental remediation, permitting, compliance, climate change, and environmental, social and governance (ESG) needs of clients across a range of industries, including in the commodity trading, mining, energy and insurance sectors. Andrew helps clients address and mitigate environmental risks; advises on cleanups and compliance; counsels on environmental issues in domestic and cross-border mergers and acquisitions, financings, and real estate developments; and represents clients in international arbitrations involving environmental claims outside the United States. He also guides clients in navigating ESG policy development and reporting under the ever-evolving ESG disclosure standards and advises clients in the greenhouse gas emissions trading markets.

    Andrew brings more than three decades of legal and environmental experience to his work on behalf of clients. He worked for nine years at the U.S. Environmental Protection Agency (EPA), where he participated in writing rules under the Clean Air Act, including Maximum Achievable Control Technology (MACT) standards for refinery and other operations, and played a key advisory role in policy areas such as global climate change, use of market mechanisms and sustainability. Prior to joining Kramer Levin, Andrew was a partner in the environmental practice at one prominent international firm and headed the environmental team at another. He has also developed and taught classes in environmental policy and law at both Indiana University and Vassar College.

    Experience

    • Representing a company using micro lending to generate greenhouse gas emissions reduction credits in the voluntary carbon markets.

    • Representing an international defense contractor regarding environmental issues involving U.S. real estate holdings.

    • Representing a commodity trading and mining company with regard to environmental matters related to its investment in a new copper mine.

    • Representing a former alumina refinery in negotiations with the EPA and the state environmental agency regarding its National Priority Listed CERCLA site.

    • Represented a plastics recycling company in the environmental aspects of a bond financing to develop its first plastics recycling facility located in Ohio.

    • Represented a former alumina production company in the acquisition of alumina refinery assets from bankruptcy and the subsequent remediation and sale of those assets.

    • Represented a U.S. oil refiner in the environmental aspects of the sale of its asphalt business, including two asphalt refineries.

    • Negotiated indemnities, including managing soil and groundwater contamination and activities required by a Petroleum Refinery Initiative (PRI) consent decree between a U.S. oil refiner and the EPA, and advised on post-closing environmental claims by the buyer.

    • Represented a state-owned oil company as a joint venture partner in the sale of a U.S. refinery, including negotiating necessary modifications to its PRI Consent Decree with the Department of Justice, the EPA and the local government; structuring indemnities; and negotiating the use of financial assurance by a trust for purposes of remediation with the EPA.

    • Represented a U.S. refiner in three rounds of financing in which it pledged all three of its refineries as collateral, and supervised two rounds of lender due diligence, including site visits by lender counsel and consultants and virtual data rooms, for each refinery.

    • Represented, with Dutch counsel, a Caribbean oil refiner in multiple litigations brought by local citizens groups over the course of 10 years challenging its air and water emissions.

    • Represented the Central Asian Ministry of Energy on sulfur management issues at an oil field operated by a consortium of international oil companies.

    • Represented a chemical intermediates company in an indemnity capture program in which it sought indemnification for environmental matters worldwide from asset sellers; researched and analyzed claims in Canada and the United States; coordinated with facility staff to gather facts and analyze legal requirements; developed the request for arbitration; and participated in settlement negotiations.

    Credentials

    Education

    • J.D., cum laude, Indiana University, Maurer School of Law, 1990
      • Board of Editors, Indiana Law Journal
    • M.P.A., Environmental Policy, Indiana University Paul H. O’Neill School of Public and Environmental Affairs, 1990
    • B.A., State University of New York at Geneseo, 1985

    Bar Admissions

    • New York, 1999

    Court Admissions

    • U.S.D.C., Eastern District of New York

    Professional Affiliations

    • New York State Bar Association
      • Chair, International Law Section (2012 – 2013)
      • Co-chair, International Environmental Law Committee
      • Environmental Law Section
    • American Bar Association, Section of Environment, Energy and Resources