Chair of the firm’s Environmental Group. Focuses on environmental advice with transactional, compliance counseling and litigation aspects, including assisting with documentation and due diligence in M&A, financing and other transactions; advising on regulatory and compliance issues; counseling on litigation avoidance; and defending clients against criminal, civil and regulatory actions.

In the insurance area, Howard counsels clients on the adequacy of their coverage, recommends coverage enhancements and litigates coverage disputes across a range of insurance products.

He also advises regarding land use issues, specialized financial insurance products, the use of insurance products to resolve legacy liability concerns in business transactions, and insurance issues specific to investment fund managers and corporate directors and officers.

A court-certified mediator, Howard has successfully mediated many complex insurance and environmental matters.

He brings to all his representations an in-depth understanding of the business needs of lenders, fiduciaries, buyers and sellers and, particularly, how those needs relate to environmental liability.

Also, his deep experience in drafting and negotiating environmental insurance products benefit from insights gained as a legal counsel to a number of insurance companies whose environmental products he helped draft.

Before joining Schulte, Howard served in the Office of the Deputy Attorney General, first as counsel to the New Jersey Department of Transportation, and later as Deputy Attorney General and Counsel to the New Jersey Department of Environmental Protection.

He is co-author of the New York Law Journal’s corporate insurance law column, and in 2014, he received the Burton Award for Distinguished Legal Writing.

Selected Current Matters

• Defense of a private company against alleged legacy groundwater contamination by the New York Department of Environmental Conservation.
• United States v. Westvaco, et al.  Defense of a multinational paper company in a Clean Air Act, New Source Review enforcement action pending in the Federal District Court, Eastern District of Maryland.
• Representation of a confidential entity in claims against British Petroleum arising out of the Deepwater Horizon, Gulf of Mexico oil spill. 

Selected Reported Decisions

• New York State Assemblyman Adam Clayton Powell, IV, et al. v. City of New York, et al., Index No. 108220/2006 (New York County). On appeal to the First Department.
• In re Lenox. Representation of Lenox Inc. in bankruptcy regarding legacy environmental liabilities.
• Cinergy Corporation, Duke Energy Indiana, Inc. and Duke Energy of Ohio, Inc. v. Associated Electric Gas Insurance Services, LTD, Indiana Supreme Court, 915 N.E.2d 524 (Ind. Ct. App. 2009); 873 N.E.2d 105 (Ind. Ct. App. 2007); 865 N.E.2d 571 (Ind. 2007).
• Friends of Van Cortlandt Park et.al. vs. The City of New York, 95 NY 2nd. 623, Feb. 8, 2001.
• United States v. Pitney Bowes, Inc. et al., 25 F. 3d 66 (2nd Cir. 1994).
• Olin Corp. v. INA et al., 762 F. Supp 548 (N.Y. Dist. 1991).
• Kessler v. Tarrats, 194 N.J. Super 136 (1984).
• Springfield v. Lewis et al., 702 F. 2d. 426 (2nd Cir. 1983).
• Gloucester County Concerned Citizens v. Goldschmidt et al., 533 F. Supp. 222 (N.J. Dist. 1982).

Significant Business Transactions

• Representing Purchasers
• Steward Health Care
• Chrysler Corporation from DaimlerChrysler
• GMAC from General Motors
• NewPage Corporation from MeadWestvaco
• BlueLinx from Georgia Pacific
• Albertsons Companies
• National Car Rental
• Ames True Temper
• Americast Technologies
• Formica
• DynCorp
• General environmental counsel to a number of large real estate lenders specializing in commercial mortgage backed securities.

Environmental Insurance

• After entering private practice in 1985, Howard acted as a legal counsel to a number of insurance companies under-writing pollution liability insurance, advised on the drafting of the policies, pollution risk and new environmental products. Virtually all environmental products trace their origins to the forms developed in 1985.
• In addition to specific expertise drafting and negotiating environmental insurance products, Howard has represented lenders and other financial institutions in hundreds of transactions, including being responsible for documentation and environmental due diligence. He has represented purchasers and sellers in mergers and acquisitions and has an in-depth, working familiarity with the business needs of lenders and fiduciaries as they relate to environmental liability.

• Attorney Intel – The Top 25 Financial Services and Insurance Attorneys of 2025
• 2014 Burton Award for Distinguished Legal Writing
• New York Super Lawyers

Education
Loyola University School of Law, JD
American University, BS

Admissions
New York

Prior Experience
Assistant County Prosecutor, Somerset County, New Jersey
Deputy Attorney General, New Jersey
Counsel to New Jersey Department of Transportation
Prosecuted over 50 eminent domain matters. Tried two cases to verdict.
Environmental – Environmental Counsel
Counsel to New Jersey Department of Environmental Protection
CERCLA, RCRA, TSCA, Spill Act, NRPA
Lord Day & Lord, Barrett Smith 
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