Don J. Frost, Jr. heads Skadden’s Environmental and Climate Change practices Mr. Frost has a diverse transactional-based practice and a complex and broad-based environmental litigation and regulatory counseling practice. For more than 20 years, he has helped clients forge strategic and practical problem-solving approaches to environmental matters that minimize risk and maximize business opportunities.
Mr. Frost regularly advises clients on the environmental opportunities and risks associated with U.S. and international corporate transactions. Annually, Mr. Frost and members of the Environmental Group generally assist on several hundred separate transactions involving mergers, asset sales, joint ventures, financings and offerings for a diverse group of clients. Although the scope of Mr. Frost’s advice has varied depending on the nature of the transaction and business involved, his involvement generally has included: evaluating environmental liabilities and compliance; developing environmental risk allocation strategies; negotiating contract provisions and other instruments necessary to implement such strategies; and managing post-closing environmental liability and compliance matters.
Project Development Experience
With respect to complex project development, Mr. Frost’s work has included strategically managing environmental impact assessment and other permitting efforts and proceedings, and developing and implementing strategies that address disparate stakeholder interests and that evaluate and resolve complex and often overlapping environmental and natural resource concerns. Over the past several years, Mr. Frost has advised First Solar, Inc., Bank of America Merrill Lynch, Energy Answers International, Inc., DKRW Advance Fuels, A123 Systems and other clients on NEPA and environmental permitting matters, and on project documents and multiparty agreements associated with solar energy, waste-to-energy, electric vehicle battery technologies, coal gasification and carbon capture and sequestration projects.
Mr. Frost has represented clients, including Alcoa Inc., AES, Axel Johnson, Cemex, CF Industries, Pfizer, Inc., Sealed Air Corp., United Air Lines and others, in contested, high-stakes contamination, regulatory and enforcement matters. With respect to contamination matters, Mr. Frost has extensive experience both defending and asserting cleanup-and toxic tort-related actions that are difficult to litigate, including: claims involving ancient contaminant releases, multiple contaminant sources and complex corporate histories; claims involving challenges to cleanup standards, methodologies and costs; complex causation, fate-and-transport and exposure claims; natural resource damage claims; fraudulent conveyance claims; and multiple-party cases involving the intersection of toxic torts and regulatory cleanup issues. For enforcement matters, Mr. Frost has developed and implemented preemptive strategies and internal investigations to avoid or minimize governmental investigations and enforcement actions, and he has led strategic and aggressive defenses against governmental enforcement actions. Regarding regulatory matters, Mr. Frost has represented clients in administrative permit proceedings and administrative rule and record challenges. In contested matters, Mr. Frost consistently develops and implements litigation approaches designed to aggressively and strategically resolve matters in a manner that achieves client business needs and objectives.
Mr. Frost has extensive experience advising clients in connection with strategic planning regarding the pre- and post-bankruptcy sale, idling, reorganization and liquidation of distressed assets and business units. Additionally, he has represented Delphi Corporation, Mark IV Industries, United Air Lines and others in litigating and resolving disputed environmental claims in bankruptcy proceedings.
Compliance and Regulatory Counseling
Mr. Frost frequently counsels clients (including, for example, Calera Corp., Carleton College, International Converter LLC, Pfizer Inc., Solar Energy Industries Association and US Airways) on a wide variety of compliance and regulatory matters and strategic business opportunities and solutions. His work has included: advising on novel and exceptional regulatory matters; developing and implementing carbon neutrality and sustainability strategies and programs; developing and implementing compliance assurance programs; and strategically developing and managing internal and governmental compliance investigations.
Mr. Frost repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business and The International Who’s Who of Business Lawyers. He also was listed in The Best Lawyers in America 2013 and 2014.