Heather Nixon Stevenson Counsel

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Heather has two primary areas of practice. She counsels clients on environmental permitting and environmental regulatory compliance issues and assists clients with environmental issues in business transactions. She also has substantial experience advising clients about, and preparing governance documents for, large-scale residential, commercial, and mixed-use developments, and both residential and commercial condominium projects.

Environmental

Heather helps clients review environmental site assessments and advises clients on issues raised through such assessments, whether in the context of acquisition transactions or regulatory compliance. She advises clients on wetland and stormwater permitting issues. She also helps clients comply with the Federal Trade Commission’s Green Guides in their marketing materials and other documents available to the public.

Prior to joining McGuireWoods, Heather was an environmental analyst and environmental planner with the Virginia Department of Transportation. She also was an environmental specialist with the St. Johns River Water Management District and the Florida Department of Environmental Protection for more than 10 years.

Developments and Condominiums

Heather’s practice also involves working with clients to create governance structures for newly created or retrofitted communities. These structures range from the simple to the complex and can include master associations for mixed-use projects, residential and/or commercial associations, and condominium associations. Heather advises interested clients on ways to incorporate green building and other sustainability practices into their communities.

Experience

Environmental

  • Environmental diligence and permit advice regarding multiple solar development projects and solar project financing transactions.
  • Preparation of and advice concerning permit-by-rule applications for wind and solar projects in Virginia.
  • Representation of the owner of a chain of convenience stores in the acquisition of more than 200 additional gas stations and convenience stores. Provided
    advice on environmental and remediation issues as a part of the transaction and post-acquisition.
  • Representation of a Fortune 500 transportation company in stormwater and floodplain permit negotiations and for a unique type of project not previously
    addressed by the permitting agencies involved. After negotiations, the final permit conditions reflected the needs of the projects and the company’s
    industry rather than standard permit conditions, resulting in substantial time and cost savings for the company.
  • Representation of a Fortune 500 chemical company in negotiations with the U.S. Environmental Protection Agency for remediation and closure of a Superfund
    site.
  • Representation of a Fortune 500 energy company in zoning and tort cases relating to the operations of a wood-fired power plant.

Developments and Condominiums

  • Representation of a large national bank as the post-foreclosure developer in the completion of construction and sale of a waterfront condominium project.
  • Preparation of several commercial condominium declarations for a company providing corporate data storage facilities in Northern Virginia.
  • Preparation of master and parcel-specific restrictive covenants and property owner’s association documents for a 4,000+ acre mixed-use project involving
    residential, commercial, recreational, and university uses.
  • Representation, during the past decade, of developers of more than 30 mixed-use, New Urban, and/or adaptive reuse projects around the country, many of
    which included sustainable or green development and operational practices.