Thomas R. Lotterman

• Represents a large company nationally against claims brought by third parties against Kerr-McGee Corporation, which the company purchased in 2006. Tom recently obtained a decision from the US District Court in the Southern District of New York ordering more than 4,000 plaintiffs to dismiss their claims against Kerr-McGee. The plaintiffs have appealed the decision to the Second Circuit. 
• Recently represented a large oil and natural gas company in the CWA penalty case brought by the federal government in New Orleans concerning the Deepwater Horizon blowout and spill. Tom served as co-lead trial counsel at trial, which occurred in early 2015. 
• Represented a national trade association challenging the constitutionality of California’s Low Carbon Fuels Standard. Obtained summary judgment and preliminary injunction on the grounds that the regulation discriminates against interstate commerce and improperly regulates Midwest corn ethanol producers.
• Represented several large companies in defending claims by the federal government and others arising from spin-off of Tronox from Kerr-McGee in 2006. The claims, which were brought in the US Bankruptcy Court in the Southern District of New York, alleged actual fraud, constructive fraud, and breach of fiduciary duty. Tom served as lead counsel at trial, which lasted four months and concluded in September 2012.
• Represented a large pulp and paper company against a lawsuit by the state of Vermont seeking to halt the test burn of used tires as fuel for a manufacturing plant. The challenge was dismissed by the state court and, after Vermont sought a writ in federal court, dismissed by the Second Circuit.
• Represented a national pilots association in a lawsuit filed in federal court in Washington, DC against the Pension Benefit Guaranty Corporation (PBGC). The lawsuit challenges the PBGC’s failure to perform its statutory and fiduciary duties as trustee of the pilots’ retirement plan. 
• Represented an international electricity and gas company in a lawsuit involving the cleanup of a Superfund site in Troy, NY. In 2010, the Second Circuit ruled in Niagara Mohawk Power Corp. v. Chevron that client was entitled to bring a contribution claim under CERCLA §113(f)(3)(B) based on a settlement with the New York Department of Environmental Conservation. 
• Represented one of the largest companies in the United States in an internal whistleblower investigation.

Representative Reported Cases

• Niagara Mohawk Power Corp. v. Chevron, 596 F.3d 112 (2d Cir. 2010) (reinstating contribution claims against defendants under CERCLA §113(f)(3)(B))
• Rybachek v. USEPA, 904 F.2d 1276 (9th Cir. 1990) (upholding national regulations on placer mining promulgated by the EPA under Clean Water Act)
• Interim HealthCare of Northern Illinois, Inc. v. Interim Health Care, Inc., 225 F.3d 876 (7th Cir. 2000) (upholding summary judgment by district court on behalf of franchisor following termination of franchise agreement)
• Rocky Mountain Farmers Union v. Goldstene, 843 F.Supp.2d 1071 (E.D. Cal.) (enjoining implementation of California’s Low Carbon Fuel Standards on grounds that regulations violated commerce clause)
• State of Vermont v. New York State Dept. of Environmental Conservation, 841 N.Y.S.2d 823 (N.Y. Sup. Ct. 2006) (rejecting attempt by Vermont to halt test burn of used tires as fuel at paper mill owned by client)
• City of Alexandria, Va. v. Slater, 46 F.Supp.2d 35 (D.D.C. 1999) (enjoining construction on new bridge until FHWA fulfilled its responsibilities under environmental statutes)
• Hauck Mfg. Co. v. Astec Industries, Inc., 2004 WL 3396122 (E.D. Tenn. 2005) (finding other party in contempt for violating injunction)