Douglas F. Schleicher

Doug is chair of the environmental practice group and the firm’s co-hiring partner. Doug’s practice covers a full range of environmental and land use topics, including Brownfields redevelopment, regulatory matters in air, water, solid waste and storage tanks, sustainability, renewable energy projects and mold investigation and remediation. He has spent substantial time on internal investigations in a variety of subject areas. Doug represents a diverse client base including Fortune 50 industrial corporations, municipalities, real estate developers and lenders, small manufacturing businesses and individuals. He works closely with regulatory agencies, engages in transactional matters and appears in court and before other tribunals. He has considerable experience in guiding emergency response actions.

Author, “EPA Adopts New Rule Modifying ‘All Appropriate Inquiries’ Protocols,” February 13, 2023

Moderator, “Understanding Business Interruption Insurance Claims During COVID-19,” May 8, 2020

Author, “Update: Impact of COVID-19 on Environmentally Regulated Activities in NJ,” April 30, 2020

Author, “Environmental Groups and State Attorneys General Challenge EPA Position on COVID-19 Enforcement Discretion; EPA Does Not See Basis for Concern,” April 19, 2020

Author, “The Impact of COVID-19 on Environmentally Regulated Activities in New Jersey,” April 15, 2020

Author, “PA DEP Guidance Regarding COVID-19,” April 3, 2020

Author, “EPA Announces Enforcement Discretion Policy for COVID-19 Pandemic,” March 27, 2020

Presenter, “Strategies for Successfully Addressing Pennsylvania Remediation Issues in Real Estate and Corporate Transactions,” accredited CLE presentation, January 16, 2019

Presenter, “The Good, the Bad and the Ugly — Practical Guidance for Working with Lawyers (and Clients) on Projects,” American Industrial Hygiene Association,  Philadelphia Section, September 25, 2018

Presenter, “Current Environmental Issues in Real Estate Transactions,” accredited CLE presentation, January 18, 2012

Author, “The Split Incentive Problem: Not Yet Resolved in Existing Model Green Leases,” The Legal Intelligencer, May 4, 2010

Author, “Toxic Mold Litigation,” 2nd Edition, Lawyers & Judges Publishing Company, Inc., 2009

Author, “Facility Owners, Operators Rev Up to Comply With Motor Vehicle Idling Act,” The Legal Intelligencer, February 4, 2009

Presenter, “Environmental Business Risks and Insurance Solutions,” Pennsylvania Bar Institute (PBI) Program, May 2005

Presenter, “Strategies & Opportunities in Brownfields Development,” ULI Seminar, May 2004

Transactional and Brownfields Redevelopment

• Counsel to the municipal authority of a major Pennsylvania municipality on matters including the sale of a resource recovery facility and landfill, and acquisition of assets and assumption of control over water and sewer operations for the area
• Representation of national chain in acquisition, leasing and development of environmentally impaired properties
• Representation of a national residential real estate developer in acquisition and development of environmentally-impacted properties
• Environmental counsel for publishing company in sale, leasing and management of business assets
• Representation of various shopping malls in environmental aspects of acquisition, lease and financing work

Regulatory

• Counsel to client defending against penalty assessment from the Pennsylvania Department of Environmental Protection
• Representation of client remediating Superfund site in interactions with the EPA, other PRPs and interested parties
• Counsel to manufacturing company in RCRA compliance obligations
• Counsel to a manufacturing company concerning air emissions matters and interactions with Pennsylvania Department of Environmental Protection
• Representation of Pennsylvania municipal authority in interactions with Pennsylvania Department of Environmental Protection concerning Act 101 requirements
• Representation of clients in obtaining regulatory approvals for riparian developments, including U.S. Army Corps of Engineers and State permits and riverbed leases
• Representation of client in successful response to EPA inquiry and potential penalty claim under FIFRA

Sustainability and Renewable Energy

• Representation of client in establishing fund to own, install and operate solar power systems in the region
• Counsel for various clients in review, analysis and negotiation of power purchase agreements and leases
• Representation of client in purchase and sale of renewable energy company

Mold and Indoor Air Quality

• Representation of national student housing developer in mold response matters, including emergency and follow-up response to water pipe rupture, and remediation and response to faulty construction
• Counsel to office developer in responding to mold concerns of tenant university and its internal environmental management team
• Representation of owner of hotel on New Jersey coast in lawsuit against tenant for failure to maintain building leading to significant mold damage
• Counsel to apartment complex owner in emergency condemnation litigation arising from mold in units in Mid-Atlantic United States, and in sale of facility

Internal Investigation

• Co-author of forensic audit and report for The Harrisburg Authority regarding accumulation of more than $300 million in debt related to the Harrisburg municipal incinerator
• Various subpoena responses, internal investigations and follow-up actions for clients on multiple different projects

Litigation

• Representation of real estate developer in recouping all remediation costs and loss of development profits due to faulty report from environmental consultant relating to underground storage tanks
• Representation of manufacturing company in obtaining recovery against insurance carrier under cleanup cost-cap policy
• Representation of successful litigant in cost recovery claim relating to federal RCRA site in New Jersey resulting in multi-million dollar settlement