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.
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.
- 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
- 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.
University of Richmond School of LawJD
cum laude, Allen Chair Symposium Issue Editor, University of Richmond Law Review2000
- Duke UniversityMaster of Environmental Management1983
- The College of William & MaryBS1981
Legislation Committee, U.S. Masters Swimming, 2014-2017
Past Chair, Board of Governors, Environmental Law Section, Virginia State Bar
Past Chair, Environmental Law Section, Richmond Bar Association
Board of Visitors, 2009-2011; President, Alumni Council, 2007-2009; Nicholas
School of the Environment, Duke University
Board of Directors, 2012-2017; Chair, 2014-2016, Seven Hills School,
- Moderator, "Putting the Pieces Together: How Can Virginia’s Renewable Energy Industry Partner with Localities to Increase Wind and Solar Adoption?", Virginia Renewable Energy Alliance 2018 LEAD Conference, April 2018
- Speaker, Water and Wetlands Update – Winter 2013, McGuireWoods LLP and Williamsburg Environmental Group, December 3, 2013
- Co-presenter, "ABCs of HOAs", Lorman Webinar, March 2011
- Speaker, "The Chesapeake Bay TMDL and Stormwater in Virginia", Urban Land Institute Hampton Roads: ABC’s of Pending Stormwater Regulations, February 1, 2011
- Panelist, "ABCs of Pending Stormwater Regulations", The Chesapeake Bay TMDL and Stormwater in Virginia, January 2011
- Co-presenter, "Green Building - Challenges and Opportunities", Cities Alive 2010 Conference, December 2010
- Speaker, "New Stormwater Management Requirements: How the Chesapeake Bay TMDL Will Impact Virginia Localities and Businesses", Lorman Program, October 2010
- Speaker, "Private Sewer Laterals - Legal Issues", WEFTEC Collection Systems Technical Education Workshop, October 2010
- Speaker, "Legal Update - The Latest in Wetlands Law", Virginia Association of Wetlands Professionals, 2009 Annual Fall Meeting & Workshop, September 2009
- Speaker, "Environmental Regulations for Design Professionals", Architecture Exchange East 2007, November 2007
- Speaker, "Virginia Environmental Regulations for Design Professionals", Half Moon LLC, April 2007
Selected for inclusion in “Legal 500 United States,” Environment: Regulatory, 2022, 2023
Named to “Virginia Rising Stars,” Environmental, Real Estate, Super Lawyers, Thomson Reuters, 2008, 2010
- Author, SCOTUS Wetlands Ruling Significantly Reduces Federal Jurisdiction Under Clean Water Act, McGuireWoods Legal Alert, May 26, 2023
- Author, State Environmental Enforcement Policies During COVID-19 and Response to EPA “Discretion” Policy, McGuireWoods Legal Alert, April 2, 2020
- Author, EPA Indicates that It May Relax Enforcement Measures for Narrow Categories of Environmental Legal Obligations Occurring After March 13, 2020, if Pandemic Causes Inability to Comply, McGuireWoods Legal Alert, March 30, 2020
- Author, What to Expect in Environmental Regulation for 2019, McGuireWoods Legal Alert, February 4, 2019
- Author, Tenants Gain Broader Liability Protection Under CERCLA, McGuireWoods Legal Alert, April 18, 2018
- Author, What to Expect in Environmental Regulation for 2018, McGuireWoods Legal Alert, January 31, 2018
- Author, What to Expect in Environmental Regulation for 2017, McGuireWoods Legal Alert, January 23, 2017
- Author, Environment 2016: Waste Management and Contamination Issues, McGuireWoods Legal Alert, January 29, 2016
- Author, Year in Preview: 2015 Heralds Big Changes Under the Clean Air Act, McGuireWoods Legal Alert, February 10, 2015
- Author, Clean Water Environmental Issues for 2015, McGuireWoods Legal Alert, February 5, 2015
- Author, Environment 2015: Contamination and Waste Management Issues, McGuireWoods Legal Alert, January 14, 2015
- Author, Corps of Engineers and EPA Issue Draft Rule on Clean Water Act Jurisdiction for Waters of the United States, McGuireWoods Legal Alert, April 14, 2014
- Co-author, "Environment 2014: Water Issues", EPA Administrative Law Reporter, March 2014
- Co-author, Environment 2014: Water Issues, McGuireWoods Legal Alert, February 24, 2014
- Author, Environment 2014: Contamination and Waste Management-Related Issues, McGuireWoods Legal Alert, January 7, 2014
- Co-author, "Requirements for Municipal Separate Storm Sewer Systems In Virginia", Bill of Particulars, October 2013
- Author, Supreme Court Favors Property Owner in a Florida Property Rights Case: Koontz v. St. John River Water Management District, McGuireWoods Legal Alert, July 18, 2013
- Author, Court Ruling on EPA’s Veto Authority Weakens Regulatory Certainty, McGuireWoods Legal Alert, May 10, 2013
- Co-author, "EPA Will Face A Flood Of Water Issues In 2013", Law360, February 26, 2013
- Co-author, "How EPA Will Clean Things Up In 2013", Law360, February 20, 2013
- Co-author, "Cross-State Air Pollution Rule Vacated: A Lesson in Agency Overreaching", Administrative Law News, Winter 2013
- Author, Environment 2013: Contamination and Waste Management-Related Issues, McGuireWoods Legal Alert, January 28, 2013
- Author, Environment 2013: Water Issues, McGuireWoods Legal Alert, January 22, 2013
- Author, Newly Amended Green Guides Provide Useful Assistance for Green Products, McGuireWoods Legal Alert, October 11, 2012
- Author, Virginia Adopts More Stringent Environmental Enforcement Policy, McGuireWoods Legal Alert, September 21, 2012
- Author, Community Associations Must Adopt Internal Complaint Processes by Sept. 28, 2012, McGuireWoods Legal Alert, September 6, 2012
- Author, Sign of the Times: Credit Enhancement with Letters of Credit in Real Estate Contracts, McGuireWoods Legal Alert, September 22, 2011
- Co-author, "Stormwater Regulation in Virginia", The Fee Simple, May 2011
- Author, Comment Period Ends Soon for Virginia Stormwater Rules, McGuireWoods Legal Alert, April 20, 2011
- Author, Leasing Practice Point – Exclusivities, McGuireWoods Legal Alert, February 1, 2011
- Author, Confidentiality, Privilege Issues Sometimes Overlooked in Note Sales, McGuireWoods Legal Alert, January 28, 2011
- Author, Judicial Foreclosure, McGuireWoods Legal Alert, December 3, 2010
- Author, Corps of Engineers Announces Enforcement and Compliance Section, McGuireWoods Legal Alert, October 28, 2010
- Author, Lender Considerations when GSA is a Tenant, McGuireWoods Legal Alert, September 1, 2010
- Author, Leasing Practice Point: Signage and Advertising, McGuireWoods Legal Alert, August 12, 2010
- Author, Reconsider Recording Leases, McGuireWoods Legal Alert, June 8, 2010
- Author, ILSFDA and the Single Family Residence Exemption, McGuireWoods Legal Alert, May 18, 2010
- Author, The Nature Conservancy to Determine Mitigation Credit Costs in Virginia, McGuireWoods Legal Alert, May 18, 2010
- Author, Sellers of Undeveloped Residential Lots to Individual Purchasers May Face Serious Consequences for Violation ILSFDA and Similar State Statutes, McGuireWoods Legal Alert, April 20, 2010
- Author, EPA’s Proposed Stormwater Regulations Could Significantly Impact Virginia Localities and Developers in the Chesapeake Bay Watershed, McGuireWoods Legal Alert, March 10, 2010
- Author, Landlord Liability in Virginia for Damage to Tenant Inventory Caused by Leaking Roof, McGuireWoods Legal Alert, February 16, 2010
- Co-author, "Risk-Reduction Tools", Living Architecture Monitor, Fall 2009
- Co-author, "Risk-Reduction Tools", Living Architecture Monitor, September 1, 2009
- Author, Virginia’s New Proposed Stormwater Regulations, McGuireWoods Legal Alert, June 22, 2009
- Author, In the Event of a Landlord Bankruptcy, McGuireWoods Legal Alert, June 11, 2009
- Co-author, "Risk-Reduction Tools", Living Architecture Monitor, Summer 2009
- Author, EPA Ramps Up Stormwater Enforcement Actions/ Settles Stormwater Violations With Homebuilders, McGuireWoods Legal Alert, June 30, 2008