Heidi B. Goldstein

Practices

• Environmental
• Product Liability Litigation

Professional Experience

Heidi is a partner in the firm's Environmental and Product Liability practice groups. She focuses her practice on environmental counseling in business, regulatory and legislative matters, environmental and toxic tort litigation, environmental enforcement actions, site remediation and compliance with environmental regulations.

Education

• Case Western Reserve University School of Law, J.D., 1995, summa cum laude, Order of the Coif; Case Western Reserve Law Review; Halter Scholar; Society of Benchers Award
• The Ohio State University, B.S., 1992, summa cum laude, with honors, Phi Beta Kappa

• Litigation
• Representation of various industrial clients at Superfund sites across the country.
• Prosecuted and defended state and federal CERCLA cost recovery and contribution cases against both the government and private parties.
• Successfully completed bench trial defending environmental cost recovery claims asserted pursuant to the New Jersey Spill Act.
• Defended chemical company in federal toxic tort class action litigation.
• Successfully resolved state and federal Natural Resource Damages (NRD) claims, including New Jersey claims.
• Represented waste management company in toxic tort suit regarding the land application of biosolids.
• Serving as national counsel for six chemical manufacturers in state and federal toxic tort suits that include conspiracy allegations.
• Defended civil enforcement actions and private litigation involving RCRA.
• Defended government enforcement actions, particularly in connection with notices of violation for asbestos removal and Clean Air Act compliance issues.
• Defended manufacturing clients against California Proposition 65 Litigation.
• Represented manufacturer of waterproofing material against allegations that product caused mold growth.  
• Providing defense for HVAC Designer against sick building syndrome allegations relating to mold.
• Prosecuted Appeal of Feasibility Study to ERAC on behalf of manufacturing client.
• Defended allegations of personal injuries claimed to have been sustained in the plaintiff's course of employment due to exposure to a pesticide, including the successful application of FIFRA preemption arguments.
• Defended personal injury claims due to potential silica exposure, including conspiracy-related claims.
• Defended complex environmental litigation involving interpretation of environmental indemnity in contract and related common law claims, including nuisance, trespass, indemnification and contribution as well as CERCLA claims and California HSAA claims.
• Successfully reduced the size and scope of a class and eventually settled personal injury, property damage and nuisance claims arising from off-site migration of a chlorinated hydrocarbon 25 miles downstream.
• Regulatory Counseling/Permitting
• Counseled manufacturing companies on various environmental compliance and permitting issues under CAA, CWA, RCRA, TSCA, EPCRA, DOT regulations and state environmental laws.
• Provided counsel in business acquisitions involving tolling operations, CERCLA issues and potential liability for mold and asbestos.
• Counseled lender in connection with presence of mold in hotel.
• Counseled manufacturing client regarding presence of mold in product packaging.
• Counsel manufacturing client regarding approach to address allegations of vapor intrusion in connection with contaminated land.
• Counseling manufacturing client in connection with RCRA closure.
• Served as common counsel to large PRP group relating to investigation and remediation of Superfund site.
• Supervised investigation of presence and remediation of PCBs at manufacturing facility.
• Coordinated audits of various facilities.
• Provided disclosure of tardy SARA Form R filings as a result of audit inquiry and negotiated reduction of penalty to $0.
• Coordinated soil vapor investigation and evaluation of potential emission of VOCs from groundwater at manufacturing facility.
• Evaluated potential liability for contaminated site pursuant to contractual allocation of environmental liability in light of potential releases of hazardous substances, including application of release reporting requirements.
• Negotiated a favorable Interim Action Order that included an inexpensive approach to address potential vapor intrusion issues.
• Provided assistance with corporate strategic planning in light of remaining environmental liabilities of a business.
• Formulated response to Notice of Violation relating to air permitting at coating facility, including application of LAER.
• Formulation of Environmental Health & Safety Control Documents to guide inspections, audits, releases and related issues
• Provide ongoing support for every aspect of Environmental Health & Safety Audits
• Preparation and  submission of voluntary audit disclosures to EPA and many states that resulted in full mitigation of penalties
• Defense of Hazardous Waste Notices of Violation leading to significantly reduced penalties
• Specific Industry Experience
• Aerospace, building products, chemicals, engineered industrial products, rubber products, tolling operations, waste management, manufacturing and highway construction components.

• "Building a Successful Women's Initiative - How We Did It" · Law Firm Partnership & Benefits Report, August 2010
• Co-author, "How to Avoid Litigation Risks from Greening Your Products" · GreenBiz.com, May 5, 2010
• Co-author, "Risks And Rewards Of Greening Your Product" · Environmental Law360 and Product Liability Law360, September 2009
• "Shining the Spotlight" Insight into The Women's Initiative at Thompson Hine LLP · Women Legal Magazine, March - May 2009
• "The Threat of Vapor Intrusion" · Scrap, July/August 2008
• "Shareholders Beware! When Individual Shareholders May Be Left Holding the Bag for Environmental Liability" · Journal of Taxation of Investments, Spring 2007
• "The Next Asbestos? 'Toxic Mold' Lawsuits Are Growing Like a Fungus" · Insurance Insight, September 2002
• "What Owners Need to Know About Mold Litigation" · HPAC Engineering, September 2002
• Co-Authored with Keely O'Bryan, "Toxic Mold Grows as Cause for Complaints" · Crain's Cleveland Business, October 2001
• Co-Authored with Heather Austin, "Complex Regs Keeping Many From Cleaning Up Brownfields" · Crain's Cleveland Business, April 2001
• "Bush, Gore Hold Separate Environmental Agendas" · Crain's Cleveland Business, October 2000
• "Preventing a Toxic Tort Suit" · Environmental Compliance Advisor, May 18, 1998
• "Chance v. BP Chem., Inc.: Changing Ohio" · Cleveland State Law Review, Spring 1997

• Panel Member, “Strategic Partners: Women in the General Counsel and Senior Leadership Roles", Case Western Reserve University, School of Law Lecture Series, October 19, 2012
• National Conference Chair and Moderator for ARK 2012
• Conference Chairperson, Women Legal 2012 Conference and Moderator– “How to Network Without Playing Golf”, June 2012
• Chair, DRI Sharing Success Seminar for Women Lawyers, 2012
• "Women Helping Women: Leveraging the Value of Women's Affinity Groups Beyond Networking and Mentoring", Ark Group Women Legal Conference, June 8, 2011
• "An Insider's View of Life in the Corporate Wing", DRI Sharing Success Seminar, February 3, 2011
• "The Sea Change in Environmental Health and Safety", Goodrich Corporation Global EH&S Conference, February 14, 2011
• "Don't Pull Your Response Out of Thin Air: How to Manage All Aspects of Vapor Intrusion", DRI Toxic Tort and Environmental Law Seminar, March 18, 2010
• "It's Not Easy Being Green: The Legal Pitfalls Associated with "Green" Products and "Green" Buildings", Adhesive and Sealant Council Conference, July 7, 2009
• "The Changing Climate of Global Warming Litigation in the United States", Webinar jointly sponsored with the Gowlings firm (Canada) and Burges Salmon (U.K.), April 3, 2008
• "Superfund: Thompson Hine's Goldstein discusses implications of Supreme Court decision", Guest on E&ETV's OnPoint, June 21, 2007
• "Trends in Environmental Litigation", Gowlings Year in Review Seminar, November 2005
• Co-Chair, "Spotlight On Women: Advise and Protect: Your Role as Corporate Guardian", Thompson Hine LLP Seminar, April 19, 2005
• "Hot Topics in CERCLA and RCRA and an Update on VAP", Cleveland Bar Association, March 2001
• “The ‘Growing’ Impact of Mold Litigation on the Insurance Industry", Omniclean Seminar, March 2002
• "How Super Is It?" The Comprehensive Environmental Response Compensation and Liability Act", Ohio Bar Association, May, 2002
• "Terror Toxins and Trophy Projects: The New World View of Preparedness", International Conference of Shopping Centers, Ohio, Kentucky and Indiana Retail Development and Law Symposium, June 14, 2002
• "Mold Over Bagels: Managing Risks Arising From Toxic Mold in Buildings", Cleveland, OH/Columbus, OH , May 7/July 25, 2002
• "Managing Risks Arising From Toxic Mold in Buildings", ACCA Seminar, July 18, 2002
• "Welcome to the Mold Litigation Party: B.Y.O.C. - Bring Your Own Checkbook", AIG Environmental Seminar, November 20, 2002
• “Toxic Mold: Is It Really A Growing Concern for You and Your Clients?”, Cleveland Bar Association , October 9, 2003

• Named 2012 Recipient of “Albert Parnell Outstanding Program Chair Award” by DRI
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine from 2004-2009 and 2011-2013
• Was listed in Ohio Super Lawyer magazine as one of the top 25 female lawyers in Cleveland and one of the top 50 female lawyers in Ohio, 2008
• Listed in Chambers USA: America's Leading Lawyers for Business, Natural Resources & Environment, Ohio, 2007-2012
• Listed in The Best Lawyers in America, 2004-2013
• Cleveland YWCA Women of Professional Excellence Award recipient, 2005
• Recognized in the article "Young Bosses Define Themselves Without Numbers," July 11, 2005, The Plain Dealer