ERIN M. McDEVITT-FRANTZ

BACKGROUND

Erin has over a decade of broad experience in environmental law and complex commercial litigation. She handles every aspect of litigation in state and federal courts, including enforcement defense, insurance and cost recovery issues. She counsels public and private sector clients on the impacts of a variety of state and federal environmental regulations, with a focus on Clean Water Act and Safe Drinking Water Act compliance.

PRACTICE AREAS

Environmental

Litigation

 

BAR ADMISSIONS

Erin is admitted to practice in the State of Ohio, the Commonwealth of Pennsylvania and the State of New Jersey.

 

AREAS OF EXPERTISE & FOCUS

With over 10 years handling litigation matters from start to finish plus significant environmental experience, Erin is positioned to assist clients with a range of issues and through various stages of representation. Erin counsels her clients regarding compliance; defends clients’ interests during enforcement actions; negotiates settlement and other documents that establish parameters impacting long-term regulatory oversight; and assists with cost recovery efforts after environmental clean-ups have occurred. She provides effective and efficient counseling and representation.

Erin has particular expertise in water law issues having served the public sector as counsel for the Philadelphia Water Department. While in Philadelphia, Erin focused on stormwater management matters, including enforcement of stormwater management regulations and development and implementation of the stormwater management service charge. Erin has expanded upon that experience while at MD, assisting clients with all aspects of consent decrees, long term control plans, permits and high-value negotiated settlements. She has litigated Clean Water Act Section 401 Certification issues from several perspectives and in several venues, including the U.S. Court of Appeals for the Sixth Circuit. Erin is interested in green infrastructure and integrated planning as a means to provide an individualized, community-driven approach with additional benefits beyond basic compliance.

Erin has gained experience representing clients in connection with enforcement actions under RCRA, CERCLA, and other waste disposal and management laws and rules. She is prepared to defend against lawsuits, yet is skilled in effectively communicating and negotiating to avoid unnecessary litigation expenses.

Erin’s background in insurance coverage has facilitated her cost recovery practice. She has successfully litigated coverage claims on behalf of clients seeking to recover expenses associated with environmental clean-up. Erin keeps up to date on insurance coverage with a particular focus on the emerging law interpreting the pollution exclusion.

Reported Cases

  • Carolina Casualty Insurance Co. v. Travelers Property Casualty Co., Slipcopy 2015 WL794909 Civ. No. 09-4871 (D.N.J. Feb. 25, 2015).

Professional Involvement

  • Appointed to the Avon Lake Environmental Affairs Advisory Board in 2015 year and was elected as Chair in 2018
  • Cleveland Metropolitan Bar Association, Women in Law and Environment Sections
  • Lorain County Bar Association
  • Ohio State Bar Association

PUBLICATIONS & PRESENTATIONS

  • “Funding Stormwater Solutions: Legal and Practical Considerations,” Stormwater Solutions Conference, November 15, 2018
  • “City of Green v. Ohio EPA: A Case Study on Legal and Scientific Collaboration,” Stormwater Solutions Conference, November 15, 2018
  • “Legal Roundtable,” 2018 Ohio Stormwater Conference, May 10, 2018
  • “Water Law: Hot Topics,” 2016 Ohio Stormwater Conference, May 5, 2016

Publications

“Building Upon the Brownfield Program: The Brownfield Utilization, Investment and Local Development Act of 2018,” co-author with Lauryn G. Kitchen, CMBA Bar Journal, October 2018.

“Case Summary: Valbruna Slater Steel Corporation and Fort Wayne Steel Corporation v. Joslyn Manufacturing Company, et al.” Superfund and Natural Resource Damages Litigation Committee, American Bar Association, Section of Environment, Energy and Resources, August 2016.

“Case Summary: The Peoples Gas Light and Coke Company v. Beazer East, Inc.,” co-author with Greg DeGulis. Hot News and EPA Region Updates, American Bar Association Section of Environment, Energy and Resources, September 2015.

ACHIEVEMENTS & HONORS

  • Selected to the 2018 Ohio Rising Stars list.

EDUCATION

Erin received her BA in Environmental Studies from Lake Forest College and her JD from Villanova University School of Law, where she served as the Managing Editor of Outside Articles for the Environmental Law Journal.