Devin A. Barry
Devin is a member of the firm’s Environmental practice group. He focuses on environmental counseling in business, regulatory and legislative matters; environmental enforcement actions; and compliance with environmental regulations. His specific areas of concentration include Superfund matters; air and water pollution control issues; compliance counseling for hazardous waste; toxic torts; land use matters; and federal, state and local permits and licenses.
Devin previously was also a member of Thompson Hine’s Corporate Transactions & Securities group, where he focused his practice on mergers and acquisitions. Before joining Thompson Hine, Devin served as a legal intern at Cinergy Corporation, prior to and during its merger with Duke Energy, assisting in legal matters involving federal and state energy regulations, environmental matters and general corporate litigation.
An illustrative sampling of Devin’s experience includes:
- 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.
- 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, 2020, 2021 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
- 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
- Civic Leadership Institute, Winter 2014 class
- The Diversity Center of Northeast Ohio, LeadDIVERSITY class of 2013
- New Partners of Cleveland Hearing & Speech Center