Seth Kerschner

Partner, New York

Biography

“Seth Kerschner is highly adept at managing the environmental aspects of transactions and is also sought after for his expertise in environmental disputes. One commentator enthuses: ‘He has really good strategic insights and is an able and persuasive advocate.’”
Chambers USA 2017

Overview

Seth practices environmental law, and assists clients with transactions, litigation, climate change, regulatory compliance, site remediation and sustainability. Seth's practice involves work with public and private companies, governments and nonprofit organizations.

His transactional practice involves advising domestic and international clients on environmental matters in the context of mergers, acquisitions, divestitures, financings, securities offerings, bankruptcies and real estate transactions. He advises clients through each environmental aspect of a deal, from designing and coordinating transaction-specific environmental due diligence assessments, through negotiating agreements and environmental insurance, to handling closing and post-closing matters. He has managed the environmental aspects of hundreds of successfully consummated transactions in the manufacturing, chemical, fossil fuel and renewable power, oil & gas, pharmaceutical and private equity sectors, among others. Seth advises developers and lenders on applying the Equator Principles and IFC Performance Standards to energy and infrastructure projects. Seth has experience with international climate change law. He counseled a government client through several meetings of the Conference of Parties (COP) to the United Nations Framework Convention on Climate Change, including COP21 that resulted in the Paris Agreement. Seth's practice involves advising clients on greenhouse gas emission reduction and offset projects, sustainability and environmental disclosure. Seth also represents clients in environmental litigation, including disputes relating to contaminated land, water pollution, and emerging contaminants.

Seth teaches environmental law to students in Colombia University's Sustainability Management master's program.

Seth has been recognized by Law360 and Chambers USA as a leading environmental practitioner.

Bars and Courts
Massachusetts State Bar
New York State Bar
US District Court for the District of Massachusetts
Education
JD
Boston College Law School
AB
Brown University
Languages
English

Experience

Recent matters include the representation of:

A global battery recycler in assessing and managing sustainability risks and opportunities.

DIC Corporation, a Japanese fine chemicals company, and its US subsidiary Sun Chemical Corporation, in connection with DIC's €1.15 billion acquisition of BASF's global pigments business, known as BASF Colors & Effects.

Motiva Enterprises in connection with its acquisition of Flint Hills Resources' chemical plant in Port Arthur, Texas.

Quad-C Management, Inc., a leading middle market private equity firm, in the acquisition of a majority interest in Boulder Scientific Company, LLC, a company that develops and manufactures specialty chemicals.

Saudi Refining Inc. (SRI), a wholly owned subsidiary of Saudi Arabian Oil Company, in the discontinuation of Motiva Enterprises LLC (Motiva) and the division of Motiva's assets, liabilities, and businesses between SRI and affiliates of its joint venture partner, Royal Dutch Shell PLC.

a foreign government in connection with its climate change treaty negotiations.

a major US corporation in litigation arising from the Lower Passaic River Superfund Site.

Harvest Partners in the remediation of properties owned and operated by TruckPro Holding Corporation, one of the nation's largest independent distributors of heavy-duty truck and trailer parts, and in the subsequent sale of TruckPro Holding Corporation to an affiliate of Platinum Equity.

Conservation Law Foundation's environmental enforcement program in Clean Water Act litigation throughout New England.

Antin Infrastructure Partners in the US$1.25 billion acquisition of Veolia Group's district energy assets in the United States, which is comprised of steam, hot and chilled water and electricity production plants, including cogeneration plants, and 13 networks in 10 US cities.

Brookfield Infrastructure, its institutional partners and GIC, Singapore's sovereign wealth fund, on the US$8.4 billion acquisition of Genesee & Wyoming Inc. (NYSE: GWR), a freight railroad owner and operator based in the US.

Sempra Energy (NYSE: SRE), a Fortune 500 energy services holding company, in the sale of its equity interests in its Peruvian businesses, including its 83.6 percent stake in Luz del Sur, to China Yangtze Power International (Hongkong) Co., Limited for US$3.59 billion in cash.

Pfizer Inc., as environmental counsel, in connection with Pfizer's agreement with GlaxoSmithKline to create a consumer healthcare joint venture with global sales of approximately US$12.7 billion.

Macquarie Infrastructure Corp. in its sale of Bayonne Energy Center, a power generation facility in New Jersey.

Morgan Stanley Infrastructure Partners (MSIP) on the acquisition, through funds managed by MSIP, of Seven Seas Water, a leader in Water-as-a-Service solutions (WaaS®).

Carlyle Power Partners in the US$590 million acquisition of three natural gas-fired generation facilities in New England, known as Bridgeport Energy, Tiverton Power and Rumford Power.

Vale S.A. (NYSE: VALE), a Brazilian mining company and the largest producer of iron ore and nickel in the world, in its US$550 million acquisition of Ferrous Resources Limited, a mid-sized iron ore company in Brazil.

Calpine Corporation in its US$17 billion sale to Energy Capital Partners, an energy-focused private equity firm, and a consortium of investors including Access Industries and Canadian Pension Plan Investment Board.

HOVENSA LLC, a joint venture formed by Hess Corporation and Petróleos de Venezuela, in the sale of substantially all of its US Virgin Islands petroleum terminal and refining assets.

AIT Worldwide Logistics Holdings, Inc., a portfolio company of Quad-C Management, Inc., in its add-on acquisition of Unitrans Holdings, Inc., an international transportation and logistics provider.

Macquarie Infrastructure Partners in the acquisition of Netrality Data Centers from funds managed by Abrams Capital Management. Netrality owns and operates carrier hotel facilities, which act as data connectivity hubs for customers needing connectivity across multiple fiber networks, as well as colocation, powered shell, and wholesale data center solutions.

Lantheus Holdings, Inc. (NASDAQ: LNTH) in the US$500 million acquisition of Progenics Pharmaceuticals, Inc. (NASDAQ: PGNC).

Outbrain, a leading digital advertising platform, in its merger with Taboola, creating a combined company with revenue of more than US$2 billion.

CVC Capital Partners in its majority investment in Vitech Systems Group, a leading provider of cloud-based financial administration solutions.

Dominus Capital, L.P., in its acquisition of Surface Preparation Technologies, LLC, the country's leading provider of rumble strips and related roadway safety services.

NTT DATA, Inc., a recognized leader in global technology services, in its acquisition of Net eSolutions Corporation, a provider of digital design and transformation services for US Department of Health and Human Services agencies.

I Squared Capital Advisors and its portfolio company American Intermodal Management in a joint venture with Castle & Cooke Investments and its portfolio company Flexi-Van Leasing, whereby AIM will be combined with Flexi-Van, the third largest marine chassis provider in the US

LifePoint Health, Inc. (NASDAQ: LPNT) in its US$5.6 billion merger with RCCH HealthCare Partners, which is owned by certain funds managed by affiliates of Apollo Global Management, LLC (NYSE: APO).

Brookfield Asset Management in its CAD$4.3 billion acquisition of Enercare Inc.

Summa Equity AB in its acquisition of Olink Proteomics Holding AB, a Swedish life science company.

Calpine Corporation in its sale of two gas-fired power plants, Garrison Energy Center, a 325 MW combined cycle plant located in Delaware, and RockGen Energy Center, a 503 MW peaker located in Wisconsin.

Anthem, Inc. in the acquisition of Beacon Health Options, the largest independently held behavioral health organization in the US.

Pernod Ricard SA, the world's second largest producer of wines and spirits, in its

  • acquisition of Firestone & Robertson Distilling, owner of the TX brand, a leading whiskey portfolio headquartered in Fort Worth, Texas; and
  • its acquisition of a majority interest in Rabbit Hole Spirits, LLC, a US premium bourbon brand.

SodaStream International Ltd., in its US$3.2 billion sale to PepsiCo, Inc.

Dominus Capital, L.P. in its acquisition of EMPG Holding Company, and in its acquisition of BluSky Restoration Holdings LLC.

L2 Brands, LLC, a manufacturer of premium collegiate apparel and accessories, in its acquisition of L & W Apparel, LLC.

Sempra Energy (NYSE: SRE) in the US$1.275 billion acquisition by Oncor Electric Delivery Company LLC, a subsidiary of Sempra, of InfraREIT, Inc., which owns electrical power lines, substations and transmission towers in Texas, We also advised Sempra Energy in the acquisition of a 50% limited partnership interest in a holding company that will own Sharyland Utilities, LP, a Texas-based electric transmission utility owned by members of the Hunt Family.

CVC Capital Partners in the US$1.8 billion acquisition of ConvergeOne Holdings, Inc. (NASDAQ: CVON; and in its US$1.425 billion acquisition of PDC Brands, a beauty and personal care products company.

Fortis Inc. in its on its issuance of US$2 billion notes and its US$11.3 billion acquisition of ITC Holdings Corp., an electric transmission company operating in the Great Lakes and Great Plains regions.

Environmental counsel to Macquarie Infrastructure Corporation and International-Matex Tank Terminals LLC in connection with their acquisition of a portfolio of seven oil terminals in the US Southeast and Southwest.

Hess Corporation on the environmental aspects of its US$1.8 billion notes offerings.

China Three Gorges Corporation in its US$1.2 billion acquisition of Duke Energy's assets in Brazil.

Triton Partners in the acquisition of WernerCo, a Switzerland-based fully integrated international manufacturer and distributor of ladders, secure storage systems and light duty construction equipment.

SDIC Fund Management Co., Ltd. in its agreement to acquire an ownership stake in Maxwell Technologies, Inc.

Harvest Partners in its acquisition of PRO Unlimited, a provider of contingent workforce management services and software.

Certares LP in the acquisition of Guardian Alarm and Guardian Medical Monitoring.

Dynegy Inc. in the purchase by its wholly-owned subsidiary, Dynegy Zimmer of AEP Generation Resources Inc.'s interest in the Wm. H. Zimmer Generating Station; and in the sale by Dynegy's wholly-owned subsidiary, Dynegy Conesville, LLC of its interest in the Unit 4 Conesville Generating Station to AEP.

Quad-C Management, Inc. in its investment in Pharm-Olam International, Ltd.

Speaking Engagements

Seth Kerschner is an environmental law lecturer at Columbia University, and has previously taught environmental law at Boston College

Awards and Recognition

The Best Lawyers in America: Environmental Law (2019)

"Band 2" for Environment: Mainly Transactional, Chambers USA (2019) 

Recipient of a "40 under 40 Emerging Leaders Award", The M&A Advisor (2018)

"Up & Coming Individual" for Environment: Mainly Transactional, Chambers USA (2017)

Recognized Individual for Environment: Litigation and Transactional, Legal 500 USA (2017)

"Associate to Watch" for Environment: Mainly Transactional, Chambers USA (2015)

Named an Environmental "Rising Star", Law360 (2013)