Overview

Heather focuses her practice on environmental risk allocation in business transactions, as well as advising clients on environmental, health and safety regulatory matters and compliance with environmental regulations. She is proficient in handling complex environmental national and international issues in mergers and acquisitions, as well as real estate and brownfield redevelopment projects. Heather also has substantial experience with obtaining environmental insurance, obtaining closure under state regulatory programs and resolving environmental issues in distressed M&A transactions.

Experience
  • Representation of national and international clients in the chemical, pulp and paper, aluminum, injection molding, powder metal, metal components, steel, plastic, coatings, aerospace and building systems, healthcare products,  food, recycling, real estate, lawn and tree care, pharmaceutical, synthetic biology, retail, energy, and automotive industries on all environmental aspects of the purchase, sale and finance of businesses and business assets, including due diligence, permit transfers, contract negotiations and post closing indemnification issues.
  • Representation of clients in Voluntary Action Programs and Brownfield Redevelopment Sites, including the New York Brownfield Program, the Ohio Voluntary Action Program, the Pennsylvania Act 2 Program and Michigan Part 201 Cleanup Program.
  • Representation of clients under various transfer ads including the New Jersey’s Industrial Sites Recovery Act and Connecticut Property Transfer Act.
  • Representation of real estate development company in connection with brownfield acquisitions involving retention of liability transfer company, negotiation of environmental liability transfer and escrow agreements and procurement of environmental insurance.
  • Representation of private equity companies on all environmental issues in connection with transactions in numerous industries.
  • Counsels business entities regarding permitting and compliance requirements under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Toxic Substances Control Act and analogous state programs.
  • Representation of venture capital funds on environmental issues regarding acquisitions of and investments in portfolio companies and post-closing environmental compliance.
  • Representation of Debtor in Pre-Packaged Plan of Reorganization in connection with transfer of environmental liabilities and consent orders.
  • Representation of lenders in the energy and oil and gas sectors.
  • Representation of buyer in Chapter 11 proceedings in connection with environmental matters relating to a former steel manufacturing facility, including resolving open issues with Ohio EPA and procuring a liability transfer agreement.
  • Representation of numerous clients in connection with obtaining environmental insurance.
  • Representation of a hospital in connection with environmental compliance and permitting issues.
  • Representation of a construction demolition debris and solid waste landfill client on all permitting, legislative and compliance issues.
  • Representation of a lending institution on environmental issues relating to the sale of more than 500 branch offices.
  • Representation of a client in the chemical and energy industries relating to SEC disclosure requirements.
  • Representation of a chemical company in an eminent domain action regarding residential real estate development.
  • Representation of a waste management company in a toxic tort suit regarding the land application of biosolids.
  • Representation of a recycling company in obtaining variance agency from the classification of a hazardous waste from the Ohio Environmental Protection Agency.
  • Representation of numerous clients regarding release reporting enforcement actions.
Publications
Presentations
  • Managing Risk with Dry Cleaners, Auto Repair Shops and other ‘Toxic’ Tenants, ICSC 2016 Ohio, Kentucky, Indiana, Michigan and Pennsylvania Retail Development and Law Symposium, March 4, 2016
  • "Environmental Issues in Real Property Transactions, Advanced Topics in Commercial Real Estate," Ohio State Bar Association, August 13, 2015
  • "EH&S Auditing Programs: A Company's Shield or the Government's Sword?," Safety Leadership Week, June 2015
  • "Staying on Top of Environmental Considerations: Land Development," National Business Institute, Cleveland, Ohio, December 8, 2014
  • "Environmental Issues in Real Property Transactions," Ohio State Bar Association, August 19, 2014
  • "Environmental Issues - Contaminated Property Transactions," National Business Institute, Cleveland, December 12, 2013
  • "Learning from Past Environmental Missteps to Avoid Enforcement," Ohio Chemistry Technology Council, Northeast Ohio Regional Meeting, October 30, 2013
  • "Environmental Issues in Real Property Transactions," Ohio State Bar Association, August 23, 2013
  • "Environmental Issues in Real Property Transactions," National Business Institute, Cleveland, November 2012
  • "Environmental Issues in Contaminated Property Transactions,” National Business Institute, Cleveland, November 2011
  • "Environmental Transactional Issues in a Distressed Economy,” Cleveland Metropolitan Bar Association, November 2010
  • "Allocating Environmental Risk in Real Estate Transactions," Ohio State Bar Association CLE, August 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 2007
  • "The New Environmental Liability Protections," National Business Institute, October 2006
  • "Contaminated Property Issues for Lenders," Lorman Education Services Seminar, September 2006
  • "Managing Contaminated Property in Commercial Real Estate Transactions," Ohio State Bar Association CLE, August 2006
  • "Environmental Liability and Risk Issues for Lenders," Lorman Education Services Seminar, September 2005
  • "Environmental Assessments for Lenders," Lorman Education Services, September 2004
  • "How to Buy and Sell Contaminated Property," Ohio State Bar Association CLE Institute, September 2004
  • "Ohio Brownfield Legal Liability Issues: Unleashing Value in Brownfields," International Council of Shopping Centers / International Economic Development Council, April 2004
  • "Business Development How to Make Green When Building Green," International Council of Shopping Centers Regional Symposium, April 2004
  • "Ohio and Maryland Brownfield Legal Liability Issues," Western Pennsylvania Engineer’s Society, November 2003
  • "Environmental Issues in Commercial Real Estate: Diligence and Insurance," Ohio State Bar Association, September 2003
  • "Environmental Issues in Real Estate Transactions," National Business Institute’s Advanced Commercial Real Estate Seminar, July 2003
  • "Indemnification Panel: Doing the Deal. Bridging the Gap with Environmental Insurance," Cleveland Bar Association, November 2001
  • "Buying and Selling a Business in Ohio: Bridging the Gap with Environmental Insurance," Ohio State Bar Association’s Environmental Law Seminar, April 2001
  • Planner and moderator, "Preparing for an Environmental Catastrophe," Columbus Bar Association CLE, December 1999
  • "The Innocent Purchaser Defense in Commercial Real Estate Transactions," Inland Spills Conference, September 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 1998
  • Environmental Law, University for Young Americans
Distinctions
  • Selected for inclusion in The Best Lawyers in America© 2006 to 2022 for Environmental Law, and Litigation-Environmental
  • America's Leading Business Lawyers, published by Chambers & Partners, 2004 to 2005
  • Listed as a Super Lawyer, Law & Politics magazine, August 2005
  • Selected for inclusion in Rising Stars by Ohio Super Lawyers magazine, 2006 and 2007
Professional and Civic

Corporate Boards

  • Environmental Manager’s Compliance Advisor, Board of Experts

Professional Associations

  • Ohio State Bar Association, Environmental Law Committee
  • Cleveland Metropolitan Bar Association, Environmental Law Section
  • Allegheny College Alumni Council, member; chair, Fundraising Committee

Community Activities

  • Cystic Fibrosis Foundation, chair, Cleveland Great Strides Walkathon
  • Cystic Fibrosis Foundation, Executive Committee
  • Cleveland Works, Fundraising Committee
  • Pittsburgh Children's Museum, Annual Benefits Committee
  • Pittsburgh Public Theater, Wine and Dine Benefit
  • Southminster Nursery School and Childcare Board of Directors, chair, Nursery School Board; member, Childcare Board
News