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Andrew Cooper

Partner
About

Andrew Cooper brings 30 years of experience representing numerous clients where potential environmental liability was at issue in hundreds of transactions, as well as in litigation and compliance work. His deep experience and broad knowledge serve to minimize, shift or eliminate issues of concern to clients in this area. 

In the environmental aspects of both transactions and litigation, Drew has a keen understanding of how to get the deal done and the claim resolved, and in the compliance realm, he provides top-notch, preventative legal guidance.

He frequently advises purchasers, sellers, lenders or borrowers on environmental matters in transactions ranging in value from seven to ten figures. Clients and principals have included private equity holding companies, manufacturers, energy companies, utilities, real estate developers, lenders, distributors, retailers and others in matters from real estate conveyances to complex purchase, sale and financing of major manufacturing companies.

Drew also has substantial experience litigating environmental claims and negotiating with federal and state agencies, including taking several environmental cases to trial. His wide-ranging practice encompasses single plaintiff and mass tort matters, and government actions in state and federal courts across the country.

Bar admissionsColoradoConnecticutDistrict of ColumbiaNew YorkWashington
CourtsSupreme Court of the United StatesUnited States Court of Appeals for the Second CircuitUnited States District Court for the District of ColumbiaUnited States District Court for the District of ConnecticutUnited States District Court for the Northern District of New YorkUnited States District Court for the Southern District of New YorkUnited States District Court for the District of Maryland

EXPERIENCE

Transactional

  • Represented private equity clients in acquisitions and dispositions of portfolio companies valued at up to and more than US$1 billion in transaction size.
  • Defended multiple developers and owners in litigation and negotiations with government agencies related to environmental enforcement actions in multiple venues.
  • Assisted a variety of property owners in taking their contaminated properties through voluntary cleanup programs and in pursuing historical insurance claims on behalf of the owner/developer of the contaminated site.
  • Worked with property owners/developers, manufacturers, holding companies, buyers, sellers, borrowers and lenders in addressing potential environmental liability issues in a wide variety of transactions that ranged from due diligence to structuring the deal to negotiating post-closing conditions.
  • Provided environmental counseling to a Fortune 500 lender over the course of financing two portfolios with more than 250 gas stations/convenience stores.
  • Handled numerous post-closing matters on contracts, such as indemnification claims, escrow issues and insurance matters.

Compliance

  • Directed power plant permitting, including meeting regulators, ensuring compliance and overseeing the complex process, as well as assisted in developing an auditing and compliance program for a client with nearly fifty far-flung facilities.
  • Coordinated with local counsel in multiple locations in a successful effort to transfer numerous environmental permits. 
  • Assisted a variety of property owners in taking their contaminated properties through voluntary cleanup programs and in pursuing historical insurance claims on behalf of the owner/developer of the contaminated site.

Litigation

  • Represented a federal government agency in complex multi-party negotiations tied to a US$600 million Superfund site where the agency was a potentially responsible party.
  • Served as counsel to a state government involved in a significant Superfund matter.
  • Prosecuted two Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) contribution actions against predecessor entities on behalf of two New York utilities, including oral arguments, drafting, negotiations, expert coordination, depositions and strategy. Successfully tried a multi-week bench trial.
  • Served as second chair in an oral argument before the Second Circuit for an appeal in a third CERCLA claim, after litigation in the Southern District of New York.
  • Defended the diminution of a property value claim (due to alleged contamination) before the Connecticut state court.
  • Prosecuted a diminution of property value claim (due to contamination) in the Washington, DC federal court.
  • Participated in all aspects of a month-long CERCLA trial in the Washington, DC federal court.
  • Defended a multimillion-dollar contamination claim in Nebraska federal bankruptcy court proceeding.
  • Negotiated with insurance carriers on behalf of policyholders seeking recovery on environmental claims and defended penalty proceedings in numerous contexts, ranging from Emergency Planning and Community Right-to-Know Act (EPCRA) to California Proposition 65.
Education
  • J.D., University of Pennsylvania Law School, 1991
  • B.A., Yale University, 1986

Prior Experience

Before joining DLA Piper, Drew had been at a boutique law firm and two large DC-based law firms. He led the environmental practice for 13 years at one of the latter two.

Memberships and Affiliations

  • Member, Association for Corporate Growth (ACG)
  • Member, International Council of Shopping Centers (ICSC)
    – Legal Advisory Committee
    – Environmental Committee
  • Member, District of Columbia Building Industry Association (DCBIA)
    – DEI Committee 
  • Creator, LinkedIn Environmental Attorneys Group
  • Member of multiple sections and committees, American Bar Association

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