White & Case
  Richard A. Horsch
Partner
New York

T: + 1 212 819 8866
F: + 1 212 354 8113
E:
Practice Experience
Mr. Horsch represents clients in environmental and toxic tort litigation and advises on all aspects of environmental law. He also represents clients in cost recovery actions under CERCLA and other environmental statutes. Mr. Horsch has been an adviser to an international oil company regarding underground oil contamination involving potential violations of the Clean Water Act and related state environmental statutes. He successfully defended environmental claims asserted by EPA against China’s largest national mining company relating to its operations in the United States.  He has been counsel to a syndicate of institutional lenders in proceedings challenging a major environmental permit for a 250 MW coal-fired cogeneration plant in Florida.  Mr. Horsch has been national coordinating counsel for a chemical company in its toxic tort cases arising out of the alleged manufacture and sale of urea-formaldehyde foam insulation.

Mr. Horsch also provides advice on environmental issues in domestic and international mergers and acquisitions, including those involving the chemical, lead-acid battery, mining, petroleum storage and distribution, oil refining, pulp and paper, and oil exploration, production and development industries; he also regularly advises on environmental issues in project financings, domestically and internationally. He has represented parties in scores of transactions in the United States and around the world. He recently advised on environmental and permitting issues relating to the acquisition of mining operations in Kentucky, West Virginia and Virginia valued at more than a billion dollars. He has represented clients in environmental matters arising in such countries as South Korea, Japan, the Philippines, India, Chile and Mexico and many countries in Western Europe and Scandinavia.

Mr. Horsch also counsels clients on compliance with environmental laws including the Clean Water Act, the Surface Mining Control and Reclamation Act (SMCRA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA) and the Toxic Substances Control Act (TSCA), as well as on issues of shareholder liability, lender liability, fiduciary liability, and officer and director liability under environmental laws.

As a member of the Firm's litigation department, Mr. Horsch also has experience in handling complex commercial litigation, product liability claims and arbitration matters.

Mr. Horsch has written and lectured frequently on environmental law, including environmental issues in power project financing and issues of shareholder, lender and fiduciary liability and officer and director liability.

In May 1998, Mr. Horsch was awarded the New York State Bar Association's Pro Bono Service Award for his successful representation of a group of low-income homeowners in New York's South Bronx, in their claims against a contractor and others for faulty construction of subsidized housing.

Prior to joining White & Case, Mr. Horsch clerked for the Hon. Frederick B. Lacey, US District Judge, District of New Jersey, Judge, Temporary Emergency Court of Appeals, from 1980-1981.

Mr. Horsch is an Adjunct Professor of Environmental Law at Seton Hall University School of Law.

Bars and Courts
New York State Bar, 1981
New Jersey State Bar, 1981

Education
JD, New York University School of Law, Managing Editor, Journal of International Law and Politics, 1980
BA, University of New Hampshire, magna cum laude, Phi Beta Kappa, 1974

Professional Associations and Memberships
Co-Chair of the International Environmental Law Committee of the American Bar Association Section of International Law
American Bar Association Section of Natural Resources, Energy and Environmental Law and Section of Litigation

Awards and Recognition
Listed in "The Best Lawyers in America," 2010 edition, Environmental Law Leaders
Recognized as a Leading Individual in the practice of Environmental Law by Chambers USA 2010 and PLC Which Lawyer? 2010 Rankings and Editorial

Publications
"State Law Landmines: Choice of Law Matters," Natural Resources and Environment Magazine, Fall 2000
"Environmental Liability of Bank Trustees," New York Law Journal at 2, September 15, 1999 (co-author)
"Does Kyoto Fall Short of the Mark?" New York Law Journal Int’l Supp. at 54, April 27, 1998
"Congress Limits Superfund Liability of Lenders and Fiduciaries," New York Law Journal at 2, October 24, 1996 (co-author)
"New EPA Superfund Policy Limits Liability for Passive Groundwater Contamination," New York Law Journal at 1, June 29, 1995 (co-author)
"Piercing Corporate Structures,” prepared for Joint ABA/Inter-Pacific Bar Association Conference on "Dispute Resolution in the Pacific Rim," February 1995 (co-author)

Speaking Engagements
"Superfund-Type Liabilities in the European Union," Government Institutes Seminar, Washington, DC, November 2000
"Piercing Corporate Structures," Joint ABA/Inter-Pacific Bar Association Conference on “Dispute Resolution in the Pacific Rim," Hong Kong, February 1995
"International Environmental Assessments," Conference Board Seminar, New York, NY, February 1995
"Liability & Jurisdiction in International Environmental Disputes," Aspen Environmental Roundtable, Aspen, CO, October 1994
"Environmental Issues in Power Project Financing," 1994 American Bar Association Annual Meeting, ABA Section on Business Law, New Orleans, LA, August 1994
"Developments in Environmental Liability of Corporate Officers and Directors," Seminar for Law Journal Seminars, New York, NY, May 1991

Languages
English

Citizenship
United States