Pasheilich, Gary L.

Gary L. Pasheilich

Associate

Gary Pasheilich is a member of the Environmental, Safety & Health Practice Group and has diverse experience with complex civil and administrative matters involving federal and state air, water and hazardous waste laws. Gary counsels clients on environmental compliance, due diligence, permitting and enforcement, and has substantial experience with major federal environmental statutes, including the Clean Air Act, Clean Water Act, National Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA), as well as various state programs.

Prior to joining Squire Patton Boggs in 2012, Gary was an assistant attorney general in the Environmental Enforcement Section of the Ohio Attorney General’s Office for six years where he served as a trial lawyer in numerous matters involving air pollution permitting, enforcement and administrative procedures. He has briefed and argued before the Tenth District Court of Appeals and the Ohio Supreme Court, and various Ohio courts of common pleas. He represented the Director of the Ohio Environmental Protection Agency in more than 50 appeals before the Environmental Review Appeals Commission, involving a wide range of permitting and rule-development issues. Gary served as Chair of the Advanced Energy Task Force, an AGO-driven initiative to develop and facilitate a coordinated response by several state agencies to S.B. 221, which established Ohio’s renewal portfolio standards requiring that 25% of Ohio’s electricity generation be derived from alternative energy sources by 2025.

Gary is a member of the Ohio State and American Bar Associations. He previously served as a Vice Chair of the ABA’s Section of Environment, Energy and Resources Litigation Committee and serves as a Vice Chair of SEER Air Quality Committee, where he also authors the Region 5 quarterly update. He participates in various pro bono programs.

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  • Assisted with the negotiated resolution of multi-party litigation involving groundwater contamination, RCRA-based liabilities and contractual indemnification issues.
  • Assisted with the navigation of the Ohio regulatory process for an inter-state pipeline project before the Ohio Power Siting Board, resulting in a substantial shortening of the regulatory process.
  • Argued successfully before the 10th District Court of Appeals to obtain a reversal of a trial court decision in a major source air pollution case as to all assignments of error. Successfully defended the reversal before the Ohio Supreme Court. Responsible for presentation of opening arguments and examination of witnesses during the two-month civil trial preceding the appeals. State v. Shelly Materials, 2012-Ohio-5700 (Dec. 6, 2012), and 2010-Ohio-6526 (10th Dist. 2010).
  • Assisted with preparation of rulemaking challenge before the Sixth Circuit Court of Appeals to US EPA’s disapproval of Ohio’s state plan for implementing the Cross-State Air Pollution Rule, Ohio v. EPA, 6th Cir. No. 11-3988.
  • Lead counsel in obtained a successful civil trial judgment in an air pollution case involving the application of US EPA’s “Method 9” for opacity readings at industrial facilities. State v. Midwest Paving Co., Cuyahoga C.P. No. 10 723796 (May 25, 2012).
  • Lead counsel in obtained favorable trial court judgment in asbestos disposal case at commercial site. State v. Environmental Affairs Management, Inc., Mahoning C.P. No. 10-CV-4520 (Feb. 27, 2012).
  • Lead counsel in litigation and “courthouse steps” resolution of air portion of multimedia enforcement case related to operational and odor compliance issues at a rendering facility. Second chair at trial for bifurcated water pollution case, obtaining a favorable magistrate’s decision. State v. Inland Products, Franklin C.P. No. 07 CV 10829 (June 28, 2010, adopted Oct. 22, 2010).
  • Lead counsel in negotiated resolution of a wide-ranging major source air permitting enforcement case involving the largest single-site steel foundry in North America.
  • Lead counsel in negotiated resolutions to two separate air pollution enforcement cases involving asphalt manufacturers.
  • Second chair duties in negotiated resolution of an asbestos handling and disposal enforcement case, obtaining the then largest penalty ever obtained in a state asbestos enforcement case.
  • Lead counsel in negotiated resolution of air pollution enforcement case involving a painting and coating operation.
  • Defended against several rulemaking challenges relating to Ohio’s NOx Budget Trading Program, Clean Air Interstate Rule, and Clean Air Mercury Rule.

PUBLICATIONS

  • “US EPA Issues Final PM2.5 Implementation Rule Following Remand,” frESH blog, June 18, 2014.
  • “D.C. Circuit Upholds US EPA’s Revised PM2.5 Standard Despite Serious Concerns,” frESH blog, May 29, 2014.
  • “Impact of U.S. Supreme Court Decision to Reinstate Cross-State Air Pollution Rule,” frESH blog, May 16, 2014.
  • “How Much is Enough? Defining the US Army Corps’ Scope of Review under NEPA & Clean Water Act Section 404,” frESH blog, March 25, 2014.
  • “US Supreme Court Hears Oral Argument on US EPA’s Cross-State Air Pollution Rule,” frESH blog, January 7, 2014.
  • “Coalition of US States Raise Concerns Over Proposed TSCA Reform,” frESH blog, Aug. 15, 2013.
  • “Congress and State Officials Increase Scrutiny of USEPA ‘Sue and Settle’ Rulemaking,” frESH blog, Aug. 8, 2013.
  • “US Supreme Court to Hear Cross State Air Pollution Rule Challenge,” frESH blog, June 28, 2013.
  • “Ohio v. Shelly Holding Company: A Roadmap for Minimizing Civil Penalties,” Environmental, Safety & Health Review, Feb.  2013.
  • “Strike Two on Interstate Air Pollution: DC Circuit Vacates CSAPR,” Environmental, Safety and Health Review, October 2012.
  • "DC Circuit Vacates and Remands the Cross-State Air Pollution Rule," Client Alert, August 2012.
  • "Governor Kasich Signs Executive Order on Injection Wells," Client Alert,  July 2012.
  • “Small Particles, Big Problems: US EPA’s New Particulate Matter Standards,” Environmental, Safety & Health Review,  July 2012.

Education

  • Capital University, J.D., 2005
  • The Ohio State University, B.A., 1998

Admissions

  • Ohio, 2005

Courts

  • U.S. Ct. of App., Sixth Circuit
  • U.S. Dist. Ct., N. Dist. of Ohio
  • U.S. Dist. Ct., S. Dist. of Ohio

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