Gary P. Gengel

  • Partner
  • Egary.gengel@lw.com
  • 1271 Avenue of the Americas
  • New York, NY 10020
  • USA
  • T +1.212.906.4690
  •  
 

Profile

Gary P. Gengel is a partner in the New York office of Latham & Watkins where he is the local Chair of the Environment, Land & Resources Department. He is a member of the Environmental Regulatory and Environment Transactional Support Practices. Mr. Gengel is the former Global Co-Chair of the Environmental Regulation & Transactions Practice. He represents companies in key environmental matters including major transactions, natural resource damage claims, remediations, and toxic tort litigation.

Mr. Gengel's experience spans a number of industries including defense, automotive, chemicals, electronics, pulp and paper, food manufacturing, and other industrial sectors. He has worked with every EPA Region and more than 20 of the states, in addition to virtually all of the other federal agencies having regulatory authority on environmental matters, including the US Army Corps of Engineers, the Department of Defense, the US Fish and Wildlife Service, the Department of Justice, and the Department of Interior. He has represented clients at almost 200 sites across the country, including both counseling and negotiation roles, and both defensive and offensive litigation.

Mr. Gengel is a vice chair of the American Bar Association, Section of Environment, Energy and Resources, Superfund & NRD Committee and a vice chair of the Membership Committee. Named a “notable practitioner” and “good strategist” by Chambers USA, Mr. Gengel’s diverse workload includes regulatory advice and toxic tort litigation. Mr. Gengel is recommended by The Legal 500 US and recognized by clients as a “terrific lawyer” for Environmental Litigation. He is also listed in the International Who's Who Legal of Environment Lawyers.

Experience

Mr. Gengel's experience includes representation of: 

  • Essex Chemical Corporation, a subsidiary of The Dow Chemical Company, in the first natural resource damages action to go to trial in New Jersey. The trial resulted in a complete defense victory, which was affirmed by the Appellate Division
  • Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints in defending CERCLA and New York statutory and common law claims related to environmental contamination
  • Tervita Corporation in its sale of its US subsidiary Tervita, LLC, a provider of pure-play environmental waste solutions for oil and natural gas producers, to Republic Services
  • Georgia-Pacific LLC, as creditor, in connection with the chapter 11 bankruptcy proceedings of Lyondell Chemical Co., a global manufacturer of chemicals and plastics
  • Cooper Industries in a CERCLA and Natural Resource Damages proceeding arising from alleged contamination of Onondaga Lake in New York
  • Covanta Holding Corporation, General Electric Company, PPG Industries, and Sequa Corporation in connection with the Passaic River in New Jersey, where the US Environmental Protection Agency (EPA) is seeking an investigation and remediation of contaminated river sediments, and trustees for natural resources also are pursuing parties for a natural resource damages assessment and their potential remedies including restoration and lost use
  • Sequa Corporation and General Mills in the Sauget Area 2 Superfund and NRD Site involving the Mississippi River in Illinois
  • Ethyl Corporation, in a suit brought by the State of New York for the cleanup of a site contaminated with perchlorethylene (PCE), a chemical commonly used in dry cleaning, resulting in a settlement agreement which resolved the matter on favorable terms for Ethyl
  • Toyota Motor Sales, U.S.A., Inc. in connection with the Portland Harbor Superfund Site in Oregon, where EPA is seeking an investigation and remediation of sediments in the Willamette River, which have been contaminated by heavy metals, polychlorinated biphenyls (PCBs), polynuclear aromatic hydrocarbons (PAH), dioxin/furans, and pesticides

Thought Leadership

  • Interior Department Solicits Comments on Natural Resource Damage Assessment Regulations -  August 28, 2018
  • Will Changes to the Supreme Court Mean Changes to CERCLA's Joint and Several Liability Regime? -  May 01, 2017
  • China Policy for Lender Liability in Green Finance Guidelines -  September 15, 2016
  • Planning for Environmental Crises -  August 01, 2016
  • Superfund Litigation Update: Second Circuit -  August 01, 2016
  • The End of NJDEP's NRD Litigation Approach as We Know It? -  March 01, 2016
  • EPA Nanoscale Rules Lay Out The Long Road Ahead -  April 30, 2015
  • No Small Issue: EPA’s Proposed Rule for Nanoscale Material Reporting  -  April 7, 2015
  • The Public Servant - Koontz Decision Extends Property Owners’ Constitutional Protections -  October 01, 2013
  • Koontz Decision Extends Property Owners’ Constitutional Protections -  July 17, 2013
  • Natural Resource Damages After NJDEP v. Dimant -  October 02, 2012
  • Managing Claims for Natural Resource Damages -  June 2011
  • President Obama Directs EPA to Reconsider California Waiver Request to Regulate Greenhouse Gases; Decision Appears Likely to Impact Automobile Manufacturers and May Signal EPA Regulation of CO2 under the Clean Air Act -  July 1, 2009
  • Climate Change - Disclosing Risks in SEC Filings -  September 24, 2007

According to sources:
“When you have an issue that requires a lot of creativity, he is unsurpassed.”
“He brings incredible technical and legal capabilities to the table.”
“He is one of the best consensus builders in difficult situations I have ever experienced.”
“His strengths include sheer intellect, critical thinking and anticipation of clients’ needs.”

Chambers USA 2021
Bar Qualification
  • New Jersey
  • New York
Education
  • JD, University of Minnesota Law School, 1984
  • MBA, University of Minnesota, Carlson School of Management, 1984
  • BA, Gustavus Adolphus College, 1981
Industries
  • Aerospace, Defense & Government Services
  • Energy & Infrastructure
  • Automotive
Practices
  • Mergers & Acquisitions
  • Environment, Land & Resources
  • Product Liability, Mass Torts & Consumer Class Actions
  • Project Siting & Approvals
  • Environmental Litigation