Elizabeth M. Rothenberg

Partner

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Practices
Industries
Education
  • The George Washington University Law School, JD, with High Honors, Order of the Coif, Notes Editor, George Washington Law Review, 2007
  • University of Pennsylvania, BA, summa cum laude, Phi Beta Kappa, 2004
Admissions
  • Florida
  • U.S. District Court for the Middle District of Florida
Affiliations

First Coast Manufacturers Association, Professional Progress Class of 2011

American Bar Association

Jacksonville Bar Association 

Beth practices environmental, safety and health law.  She has developed broad, national experience in litigation and enforcement defense and compliance and regulatory counseling for many Fortune 500 and Fortune 100 clients. 

Environmental & Toxic Tort Litigation

Beth has experience representing clients on both sides of environmental and toxic tort litigation.  She has defended clients against citizen suits brought under federal environmental statutes, such as the Clean Water Act and RCRA, and corresponding state laws.  She has also defended clients in high-stakes mass toxic tort cases involving claims of property damage and personal injury caused by environmental contamination.  On the plaintiff’s side, Beth has brought cost recovery actions under CERCLA and state laws against parties that have failed to reimburse clients for environmental cleanup costs. 

Beth also has experience in all aspects of Superfund law, including coordinating with agencies, leading cleanups under CERCLA, participating in PRP groups as both small parties and major contributors, negotiating the allocation of liability among PRPs, and pursuing cost recovery claims against PRPs. 

Environmental Compliance

Beth has advised clients on regulatory compliance under numerous federal and state environmental statutes, including CERCLA, RCRA, the Clean Water Act, the Clean Air Act, EPCRA, the Hazardous Materials Transportation Act, and others.  Moreover, Beth has advised clients on the implications of environmental regulations on business and real estate transactions, and overseen the environmental due diligence of multi-million dollar deals.  

As for enforcement actions, Beth has defended clients in investigations by federal and state regulators.  She has negotiated with these agencies to successfully resolve clients’ environmental enforcement matters under the Clean Water Act, RCRA, and state-law equivalents.  

Safety and Health

Beth regularly defends clients in OSHA enforcement actions across the country, both against federal OSHA and state agencies that administer their own OSHA programs, such as Cal/OSHA in California and MIOSHA in Michigan.  In these cases, Beth has defended against citations of all kinds—from those that allege repeat violations or involve fatal accidents, to those that allege less serious violations but could fundamentally impact the client’s business operations.  

Beth has also counseled clients on safety and health compliance and best practices under federal OSHA, Cal/OSHA, and other state agencies, on topics ranging from hazard communication to lockout-tagout to injury and illness recordkeeping. 

Community

Beth is a member of the firm’s Women Lawyers Network.  She has also served as a mentor in the firm’s 1L Leadership Council on Legal Diversity Scholars Program.  Additionally, Beth is the Partner in Charge of Pro Bono for the Jacksonville office.  She currently represents low-income clients in Social Security disability appeals, and has spearheaded the Jacksonville office’s award-winning pro bono partnership with the Sulzbacher Center, a local services provider for the homeless.  

"The foundation of client service is a keen understanding of a client’s business, its core concerns, and ultimate goals."

In the News

Elizabeth M Rothenberg
vCard
T: +1 904 798 2683F: +1 904 360 6352Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661
Environmental and Toxic Tort Litigation

Defended major railroad in citizen suit under Clean Water Act and common law tort claims, with court granting summary judgment in favor of our client.  Jones Creek Investors, LLC v. Columbia County & CSX Transportation, Inc., 98 F. Supp. 3d 1279 (S.D. Ga. 2015) (granting summary judgment).

Excluded opinions and testimony of opposing parties’ environmental and damages experts under Daubert in citizen suit.

Defended client against citizen suit brought by environmental groups under RCRA and Pennsylvania’s environmental state laws.

Pursued PRPs in litigation and mediation to recover clients’ cleanup costs under CERCLA and Florida environmental statutes. 

Defended mass environmental tort action arising from alleged groundwater contamination in Polk County, Florida.

Environmental Compliance

Managed legal and consultant teams to develop client’s national environmental compliance plan mandated by government settlement

Representation of major railroad in negotiations with FDEP regarding alleged notice of violation for noncompliance with waste oil regulations; resolved without any citation or enforcement action.

Advice and counsel to purchaser on multi-million-dollar procurement contracts

Safety & Health

Successfully represented global staffing company against federal OSHA, negotiating at the informal conference for three repeat citations to be dismissed or reduced to lesser classifications.

Prepared and defended client during federal OSHA inspection of construction accident that resulted in employee amputation at nuclear energy site, with no citation issued.

Successfully defended client in case brought by the Cal/OSHA Legal Unit, reaching favorable settlement that dismissed 10 of 12 citation items and reduced penalty to $370.

Named to "Florida Rising Stars," Environmental, Super Lawyers, Thomson Reuters, 2017
Co-author, "Occupational Safety and Health Law," Employment Law in Virginia, Virginia Law Foundation, 2014
Co-author, "A Food Industry Issue Menu For 2013: Part 2," Law360, February 22, 2013
Co-author, "OSHA: A Short Primer for Health Care Employers," Health Care Law Monthly, March 2012
Author, "I’ll Take Two Endangered Species, Please: Is the Commercialization of Endangered Species a Valid Activity that Should be Permitted under the Endangered Species Act to Enhance the Survival of the Species," 75 George Washington Law Review 627, 2007
Speaker, "Flow Control," WasteExpo 2017, New Orleans, LA, May 10, 2017
Speaker, "Compliance Assurance – Hope is not an Option," Fall 2016 Environmental Roundtable, The Florida EHS Roundtable, November 9-10, 2016
Panelist, "EPA’s Coal Combustion Residuals Rule," Florida Section of Air and Waste Management Association, October 28, 2015
Presenter, "Remediation of Wetlands, and Use of Wetlands for Stormwater and Wastewater Treatment," Lorman Wetlands Regulation Seminar, July 13, 2012