Esch is an an at McNees Wallace & Nurick LLC in Harrisburg, PA.  He is a member of the Firm’s Real Estate Practice Group, Oil & Natural Gas Group and the Pipeline & Oil/Gas Infrastructure Group.

He focuses his practice on land use matters and permit approvals at the municipal, county and state level. His work includes reaching favorable zoning and land development outcomes by way of variances or waivers, special exceptions or conditional uses, zoning amendments and challenges to ordinances, and negotiations with municipalities and other government agencies throughout Pennsylvania. In addition, he works on storm water management and transportation issues that often arise with land use matters. On a national level, Esch conducts zoning and land use due diligence associated with mergers and acquisitions and the purchase or sale of properties and businesses. He has assisted commercial, industrial and residential developers, educational institutions, pipeline and other oil and gas related companies, telecommunication companies, and small business owners and start-ups. Esch has received favorable determinations, decisions and approvals for large warehouse and distribution centers, residential communities of all types, urban redevelopment projects, craft breweries and event venues, car dealerships, pipeline projects, and coal to natural gas conversion projects.

While in law school, Esch served as a Senior Editor of the Penn State Law Review, was the Dickinson School of Law Liaison to the Carlisle Borough Council, Carlisle, PA, and was a judicial intern to the Honorable Christopher C. Conner, U.S. District Court. Prior to his legal career, Esch spent seven years working in the claims department of a Fortune 500 insurance company.

Esch currently serves on the McNees Hiring Committee, is Co-Editor of the McNees Land Use Blog, and is President of the Board of Directors of the Carlisle Theatre.

McNees is hosting a Municipal Leader Roundtable to discuss ideas about how governments can address budget shortfalls expected to occur as a result of the COVID-19 Pandemic. The discussion will include an overview and update regarding options available to municipalities, and the efforts of the state’s elected officials to assist municipalities facing significant budgetary constraints.

From our friends at Capitol Buzz:

As more counties move into the “yellow” and “green” phases of the Wolf administration’s plan to reopen the Commonwealth, Gov. Tom Wolf announced on Wednesday updated guidelines for dining services and professional sports. The governor also provided additional information and elaborated on general guidelines for “green” phase counties

The Governor vetoed HB 2412 today, but he also opened limited business transactions for real estate sales. From the Governor’s Office:

“Governor Tom Wolf today announced that starting today, businesses and employees in the real estate industry may conduct limited business-related activities statewide and provided guidance for this industry to operate in red phase and yellow phase counties.”

“We continue to review our policies and the scientific data to determine the safest approach for all activities in the commonwealth,” Governor Wolf said. “While at this point more than two-thirds of the state will be in the yellow phase of th
Continue Reading Governor Wolf: Real Estate Industry May Conduct Limited Business Transactions Statewide

On April 22, Governor Wolf announced an amendment to his standing shutdown and shelter in place order that permits construction projects to resume statewide on May 1st.  This news comes just days after the Governor’s office released its “Plan for Pennsylvania,” which authorized “limited construction” activities beginning on May 8th.  Per

With protestors afoot outside the Capitol building in Harrisburg, Governor Wolf provided additional information on the Commonwealth’s plans to begin reopening businesses, including construction sites, within Pennsylvania.  Per the Governor, “limited construction” activities will be permitted to resume on May 8, to the extent such activities can occur in compliance with job site regulations the

Steve Matzura, Andrew Levy and Austin Wolfe recently issued a client alert updating our clients on newly required safety measures for COVID-19 in the workplace.  The first half of the alert is below, but you should contact one of the authors for more details or the full alert.

The Pennsylvania Department of Health issued an Order effective April 15 requiring social distancing, cleaning, use of masks for employees and visitors, and other mandatory mitigation protocols for businesses authorized to maintain in-person operations during the ongoing COVID-19 emergency (except for healthcare providers). This Order expands on the Department of Health’s prior order effective April 6 that required building safety and cleaning measures for certain businesses.  Employers have only a few days to comply with the April 15 Order, as it becomes enforceable on April 19, 2020 at 8:00 PM.
Continue Reading Workplace Regulations: PA Newly Required Safety Measures for COVID-19

Thank you to our friends at Capitol Buzz and the McNees Government Relations Group (MSSG) for a great update on bills working their way through the PA General Assembly, which affect public meetings and hearings, construction activities and more.  A few highlights are below, but you should read the entire Capitol Buzz post.

On Tuesday, along strict party lines, the Pennsylvania House of Representatives passed a Republican-sponsored proposal to allow many businesses impacted by Gov. Tom Wolf’s business shutdown order to reopen amid the COVID-19 pandemic.

The House passed Senate Bill 613, which includes language introduced by House Republicans last week to reopen the state’s workforce while practicing social distancing and other mitigation efforts outlined by the federal Centers for Disease Control (CDC) and the Cybersecurity and Infrastructure Security Agency (CISA). The legislation was sent
Continue Reading Updates On Public Meetings & Hearings, Construction Activities, and More from the General Assembly

Here is a headline most developers and builders would not want to see associated with their project: “’Life-sustaining’ casino? Construction continued in South Philly despite Gov. Wolf’s coronavirus shutdown. At least two workers have tested positive.”  Per the above Philadelphia Inquirer article, what has made matters worse for the developer are claims from many trades that the developer, a very large international development company, “wasn’t doing enough to protect them from being infected.”  Moreover, the developer’s “waiver” from the Governor’s Order, that essentially closed all non-life-sustaining businesses (more information available throughout this blog) to combat the COVID-19 coronavirus, is now at risk.

The story provides a great example of what not to do to if you want your business to avoid bad public relations, sick and upset employees and contractors, potential related lawsuits, and putting your waiver at risk.  Below are three short lessons pulled from the article:
Continue Reading A Story of Warning for Developers & Builders Operating in Pennsylvania

If your head hurts, it might be because you are one of the many who have been thrown off the Life-Sustaining Business Roller Coaster, which has had more ups, downs, loops, and spin-arounds than any coaster at Hershey Park.

At 4:00 P.M. yesterday, Governor Wolf released an updated FAQ for Life-Sustaining Business (“Updated FAQ”).  Perhaps the most glaring change is that “[a]ll exemption requests MUST be submitted no later than 5:00 P.M. on Friday, April 3, 2020.”  (Emphasis added.) We have heard the more than 32,000 waiver applications have understandably overwhelmed the Department of Community and Economic Development (“DCED”), which is charged with reviewing waiver applications.

The Updated FAQ has been revised significantly
Continue Reading WAIVER DEADLINE & New FAQ Updates for Life-Sustaining Businesses