Heather A. Austin

Practices

• Environmental

Professional Experience

Heather is counsel in the firm's Environmental practice group. She focuses her practice on environmental counseling in business, regulatory and legislative matters, environmental enforcement actions, and compliance with environmental regulations.

Heather is licensed to practice in Ohio and Pennsylvania.

Education

• University of Pittsburgh School of Law, J.D., 1993, cum laude
• Allegheny College, B.A., 1990, cum laude, Alden Scholar

• Representation of national and international clients in the chemical, pulp and paper, aluminum, injection molding, powder metal, metal components, steel, plastic, food, recycling, real estate, lawn and tree care, pharmaceutical, retail and energy, and automotive industries on all environmental aspects of the purchase, sale and finance of businesses and business assets, including due diligence, contract negotiations and post closing indemnification issues.
• Representation of clients in Voluntary Action Programs, including the Ohio Voluntary Action Program, the Pennsylvania Act 2 Program and Michigan Part 201 Cleanup Program.
• Representation of a hospital in connection with environmental compliance and permitting issues.
• Representation of construction demolition debris and solid waste landfill client on all permitting, legislative and compliance issues.
• Representation of lending institution on environmental issues relating to the sale of over 500 branch offices.
• Representation of client in the chemical industry relating to SEC disclosure requirements.
• Representation of chemical company in eminent domain action regarding residental real estate development.
• Representation of clients under New Jersey's Industrial Sites Recovery Cleanup Program.
• Representation of waste management company in a toxic tort suit regarding the land application of biosolids.
• Representation of recycling company in obtaining variance agency from classification of a hazardous waste from Ohio Environmental Protection Agency.
• Representation of venture capital funds on environmental issues regarding acquisitions of and investments in portfolio companies and post-closing environmental compliance.
• Representation of chemical company regarding release reporting enforcement actions.
• Representation of numerous clients in connection with obtaining environmental insurance.

• "Accelerating Site Cleanups: EPA Seeks to Integrate Approaches" · The Environmental Manager's Compliance Advisor, Business & Legal Reports, Inc., December 30, 2010
• "Climate Change Disclosures for Public Companies", Law 360, Environmental, Securities and Corporate Sections, February 2, 2010
• "Climate Change and Due Diligence - Impact on Real Estate Transactions" · The Environmental Manager's Compliance Advisor, Business & Legal Reports, Inc., December 3, 2008
• "USEPA Targets Companies for Untimely Release Reporting" · The Environmental Managers Compliance Advisor, December 11, 2007
• "Brownfield Remediation Alert: Tax Relief Incentive" · The Environmental Managers Compliance Advisor, March 1, 2007
• "New Standards for Environmental Due Diligence" · Counsel to Counsel Environmental and Mass Tort Alert, LexisNexis Martindale-Hubbell, April 5, 2006
• "New Standards for Due Diligence: Rule Takes Effect November 1, 2006" · Environmental Manager's Compliance Advisor, April 3, 2006
• "All Appropriate Inquiry Update: EPA to Define AAI by Year End" · Environmental Manager's Compliance Advisor, August 15, 2005
• "The End of Voluntary Superfund Cleanups?" · The Environmental Manager's Compliance Advisor, December 20, 2004
• "Court Decisions Obscure CWA Jurisdiction" · Compliance Advisor, April 19, 2004
• "Corporate Social Responsibility - New Pressures In A Sustainable Environment" · Cleveland Bar Association, April 2003
• Co-Authored with Heidi Goldstein, "Complex Regs Keeping Many From Cleaning Up Brownfields" · Crain's Cleveland Business , April 2001
• "USEPA and Ohio Compromise on Audit Privilege Law" · OSBA Corporate News , Spring 1999
• "Preventing a Toxic Tort Suit" · Environmental Manager's Compliance Advisor , May 18, 1998
• "EPA to Clean Up Audit Privileges" · Crain's Cleveland Business , January 12, 1998
• "Lawyer Advises Caution With Ohio Audit Privilege" · Environmental Manager's Compliance Advisor , February 16, 1998
• "Audit Law Amended to Suit U.S. EPA" · Crain's Cleveland Business , August 17, 1998

• Environmental Issues in Contaminated Property Transactions, National Business Institute, Cleveland, Ohio. November 2, 2011
• Environmental Transactional Issues in a Distressed Economy, Cleveland Metropolitan Bar Association, November 12, 2010
• Allocating Environmental Risk in Real Estate Transations, Ohio Bar Association CLE, August 7, 2009
• "Land Use Law: Current Issues in Subdivision, Annexation and Zoning", National Business Institute, October 2007
• "Environmental Liability and Risk Issues in Lending Transactions", Lorman Education Services, September 20, 2007
• "The New Environmental Liability Protections", National Business Institute, October 3, 2006
• "Contaminated Property Issues for Lenders", Lorman Education Services Seminar, September 20, 2006
• "Managing Contaminated Property in Commercial Real Estate Transactions", OSBA/CLE, August 23, 2006
• "Environmental Liability and Risk Issues for Lenders", Lorman Education Services Seminar, September 22, 2005
• "Environmental Assessments for Lenders", Lorman Education Services, September 29, 2004
• "How to Buy and Sell Contaminated Property", OSBA CLE Institute, September 8, 2004
• "Ohio Brownfield Legal Liability Issues: Unleashing Value in Brownfields", International Council of Shopping Centers / International Economic Development Council, April 28, 2004
• "Business Development – How to Make Green When Building Green", International Council of Shopping Centers Regional Symposium, April 23, 2004
• "Ohio and Maryland Brownfield Legal Liability Issues", Western Pennsylvania Engineer's Society, November 17, 2003
• "Environmental Issues in Commercial Real Estate: Diligence and Insurance", OSBA, September 23, 2003
• "Environmental Issues in Real Estate Transactions" , National Business Institute's Advanced Commercial Real Estate Seminar, July 24, 2003
• "Indemnification Panel: Doing the Deal. Bridging the Gap with Environmental Insurance", Cleveland Bar Association, November 14, 2001
• "Buying and Selling a Business in Ohio: Bridging the Gap with Environmental Insurance”, Ohio Bar Association's Environmental Law Seminar, April 29, 2001
• Planner and Moderator of Columbus Bar Association CLE "Preparing for an Environmental Catastrophe", December 9, 1999
• "The Innocent Purchaser Defense in Commercial Real Estate Transactions", Inland Spills Conference, September 22, 1999
• "Environmental Considerations in Commercial Real Estate Transactions", Ohio CLE Institute, 1998 and 2001
• "Corporate Management of Citizens' Suits", Air and Waste Management Association, April 22, 1998
• Environmental Law, University for Young Americans

• Listed in The Best Lawyers in America, 2005-2012
• America’s Leading Business Lawyers, 2004-2005; published by Chambers & Partners
• Listed as a Super Lawyer, Law & Politics magazine, August 2005
• Selected for inclusion in Rising Stars by Ohio Super Lawyer magazine in 2006 and 2007

• Spanish