Gary L. Pasheilich

Gary focuses his practice on compliance and permitting counseling, as well as civil and administrative litigation under the major federal and state environmental, health and safety laws, including (but not limited to) the Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), and Occupational Safety and Health Administration standards.  

A significant portion of Gary’s practice also involves counseling clients as to environmental due diligence for various commercial real estate, tax credit, investment and M&A transactions.

Gary has served as a trial attorney of record in numerous proceedings before federal and state judicial and administrative bodies as both plaintiff’s counsel and defendant’s counsel. Notably, Gary served as trial counsel in State of Ohio v. Shelly Company (Case No. 07-CVH-9702), a landmark three-month civil trial involving a diverse range of major source air permitting issues at over 50 locations in Ohio. Gary argued the subsequent successful appeal before the Tenth District Court of Appeals (Case No. 09-AP-938), as well as subsequent arguments before the Ohio Supreme Court, which upheld the appellate court decision.

As an Assistant Attorney General, Gary was appointed by Attorney General Rogers to chair the Advanced Energy Task Force with a mandate to identify and address legal impediments to implementation of renewable and advanced energy technologies and strategies.

Experience

• Trial counsel for owner of commercial warehouses in nuisance action relating to facility emissions from neighboring facility
• Defense counsel for paper manufacturer in multi-party litigation under CERCLA and the Ohio VAP
• Counsel for defense contractor in multi-party CERCLA enforcement case relating to legacy automotive products manufacturing site
• Defense counsel for magnetics manufacturing facility in groundwater contamination enforcement case in Illinois
• Assisted electronics manufacturer with negotiation of Consent Decree with U.S. EPA to resolve groundwater contamination liabilities
• Provided environmental due diligence expertise for several complex M&A transactions relating to waste management facilities, including transfer of landfills, transfer stations and recycling facilities located across the East Coast and Midwest
• Advise lenders with the environmental due diligence review of multi-family and affordable housing development projects (in the order of over 100 per year), including key advice relating to the Bona Fide Prospective Purchaser defense to owner/operator liability under CERCLA
• Assisted chemical company with defense to federal enforcement action related to flaring and leak detection and repair (LDAR) requirements, and separate action against a contractor for failure to perform contracted LDAR services at its facility
• Assisted chemical company with challenge to a competitor company’s variance from RCRA Part B permit requirements
• Assisted mining client with appeal of effluent limitations in Clean Water Act NPDES permits
• Assisted pipeline company with the siting of an inter-state liquid ethane pipeline project before the Ohio Power Siting Board, resulting in the avoidance of formal Board proceedings