Focus Areas
An illustrative sampling of Devin’s experience includes:
Litigation
- Defending various industrial clients from cost recovery and contribution claims under CERCLA and state equivalents, including negotiating and drafting global settlements in multi-party suits.
- Defending various enforcement actions against industrial clients under RCRA, FIFRA, CWA, TSCA, CAA, OSHA and EPCRA.
- Defending industrial clients in suits arising from environmental indemnification disputes.
- Representing clients in mediations relating to environmental disputes.
- Representing various industrial clients at Superfund sites and in negotiation of related orders.
- Defending clients against EH&S claims asserted by municipalities.
- Defending industrial clients against medical monitoring and property damage claims.
Regulatory & Compliance Matters
- Assisting industrial clients in managing and responding to enterprise-wide EH&S audits.
- Counseling industrial clients on EPCRA reporting requirements, federal and state spill reporting requirements, and audit self-disclosures under federal and state law.
- Counseling industrial clients on compliance and permitting issues under CAA, CWA, RCRA, TSCA, EPCRA and FIFRA, and related state and local laws.
- Counseling industrial clients on OSHA standards and requirements.
- Counseling clients on underground and aboveground storage tank compliance and remediation.
- Advising manufacturing clients on renewable energy projects.
- Representing clients contesting municipal ordinances adversely impacting their businesses.
- Counseling various clients under state voluntary cleanup programs.
- Counseling clients on brownfield redevelopment issues.
Transactional Matters
- Negotiating and drafting waste disposal, renewable energy and recycling agreements.
- Assisting in real estate and corporate transactions involving the recognition and allocation of environmental liabilities, and the transfer and/or splitting of environmental permits and processes.
- Counseling clients on state property transfer laws requiring closure or recognition of transferred environmental liabilities prior to transfer of ownership.
- Negotiating and drafting environmental indemnification agreements and provisions in connection with refinancing and corporate transactions.
- “EPA Sets August 31, 2020 Termination Date for COVID-19 Enforcement Policy,” Thompson Hine COVID-19 Update, July 2020
- “SCOTUS Rules Certain Indirect Discharges Require CWA Permit,” Thompson Hine Environmental Update, April 2020
- “Muddied Waters: Sixth Circuit Rejects Expansion of CWA Jurisdiction,” Thompson Hine Environmental Update, October 2018
- “Fourth Circuit Holds CWA Regulates Indirect Discharges from Ground Water to Navigable Surface Waters,” Thompson Hine Environmental Update, April 2018
- “Lowered Ozone Standards Both a Victory & Defeat for Industry & Environmental Groups,” Thompson Hine Environmental Bulletin, October 2015
- “Climate Change Regulations: A Showdown among the States,” DRI blog, 2013
- “So What’s Left Post Kivalina for Climate Change Litigation?,” DRI blog, 2012
- “Beware of ‘Green’ Penalties: DOE Aggressively Enforcing Energy Efficiency Certification Requirements,” Thompson Hine Green Products Update, 2010
- Contributing author, Anderson’s Ohio Environmental Law Practice Manual, 2009-2014 editions
- “EPA Issues Greenhouse Gas Endangerment Finding,” Scrap, December 2009
- “Green Peer Pressure – Trendy or Troublesome?,” CMBA Bar Journal, 2009
- “EPA Air Monitoring Initiative Leads to Concerns and Litigation,” Thompson Hine Mass & Toxic Tort and Environmental Update, 2009
- “Stimulus Funds to Become Available for Eligible Underground Storage Tank Cleanup Projects,” Thompson Hine Environmental Update, 2009
- “EPA Proposes Mandatory Greenhouse Gas Reporting Rule,” Thompson Hine Environmental Update, 2009
- “HIPAA: A Year in Review,” 1 ISJLP 2, 2006
- “Regulatory Update – The First 100 Days: Environmental Law in the Biden Administration,” ASC Regulatory Affairs Update, April 2021
- “Insights on Environmental Shifts Under the Biden Administration,” Thompson Hine Webinar, January 2021
- “Environmental Compliance in a COVID-19 World: Best Practices and Risk Mitigation Strategies,” Thompson Hine Webinar, June 2020
- “Learning from Past Environmental Missteps to Avoid Future Environmental Enforcement,” Ohio Chemistry Technology Council, November 2013
- “The Earth’s Not the Only Thing Heating Up: Climate Change Developments,” Cleveland Metropolitan Bar Association Environmental Symposium, November 2010
- Selected for inclusion in The Best Lawyers in America© 2019 to 2022 in the field of Environmental Law
- CALI Award for Excellence in Public Utilities Law
- 2005 Outstanding Student Note for I/S: A Journal for Law and Policy for the Information Society
Professional Associations
- Defense Research Institute (DRI), member
- Cleveland Metropolitan Bar Association: chair, Environmental Section (2012–2013); Environmental Section Scholarship Committee; chair, Green Initiative Committee
- Ohio State Bar Association, member, Environmental Section
Community Activities
- Civic Leadership Institute, Winter 2014 class
- The Diversity Center of Northeast Ohio, LeadDIVERSITY class of 2013
- New Partners of Cleveland Hearing & Speech Center
Education
- The Ohio State University Michael E. Moritz College of Law, J.D., 2006,
I/S: A Journal for Law and Policy for the Information Society, senior editor, 2005-2006
- Miami University, B.S., 2003
Bar Admissions
- Ohio
Court Admissions
- U.S. District Court for the Northern District of Ohio
- Chemical Industry Regulatory Update – October 2020,
A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
, October 8, 2020 - Chemical Industry Regulatory Update – August 2020,
A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
, August 6, 2020 - EPA Sets August 31 Termination Date for COVID-19 Enforcement Policy,
COVID-19 Update
, July 1, 2020 - Chemical Industry Regulatory Update – June 2020,
A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
, June 11, 2020 - SCOTUS Rules Certain Indirect Discharges Require CWA Permit,
Environmental Update
, April 30, 2020 - Chemical Industry Regulatory Update – November 2019,
A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
, November 10, 2019