Photo of Eric  Berry

Eric Berry

Counsel

“I help clients assess and manage their risks, applying extensive knowledge and with an understanding of business needs.”

Practice Areas

Admissions

  • Missouri
  • Illinois
  • U.S. District Court, Eastern District of Missouri

Education

J.D., Duke University School of Law, cum laude, 1996, Duke Environmental Law and Policy Forum Contributions Editor

M.A., Forestry & Environmental Studies, Duke University School of the Environment, 1996

B.S., Zoology, University of Arkansas, magna cum laude, 1993

Profile

With an extensive background in all areas of environmental law, Eric Berry’s practice includes permit compliance counseling (Clean Air Act, Clean Water Act, RCRA), transactional matters, enforcement defense, and litigation, including toxic tort, for a variety of environmental, health and safety issues. Eric also guides organizations of all sizes through contractual and transactional matters, including due diligence associated with acquisitions and divestitures, permit-required periodic reporting, and regulatory agency requests for information, inspections, and interactions. He has regularly advised entities on self-auditing and practical methods for the closing of identified regulatory issues.

Eric is experienced in mass tort cases, CERCLA matters, class actions, environmental litigation, negotiations with regulators, and contractual disputes.  He identifies and implements creative and practical solutions for clients facing liability regarding the use, sale, release, or disposal of potentially hazardous materials.  Eric works comfortably with in-house Environmental Health & Safety professionals and engineers on real-world compliance issues.  He has served clients as PRP group representative at Superfund sites for over two decades.

As the former Vice President – Environmental Law of a large publicly traded pharmaceutical company, Eric was responsible for all environmental, health and safety compliance at its manufacturing facilities companywide, SEC-required environmental disclosures, performed environmental due diligence on business divestitures exceeding $3 billion, and managed an environmental liability reserve in excess of $60 million for Superfund, RCRA, and state law remediation sites around the country.

Professional Affiliations

  • American Bar Association
    • Section of Environment, Energy, & Resources
      • Environmental Enforcement & Crimes Committee
      • Superfund and NRD Litigation Committee
  • The Missouri Bar
  • Bar Association of Metropolitan St. Louis

Honors & Awards

Honors & Awards

  • Martindale-Hubbell AV Preeminent

Experience

Representative Matters

  • Executed in-house counsel role as primary, day-to-day EHS regulatory compliance counsel for petrochemical manufacturing facility, including Title V air permit deviation reporting, Reportable Quantity release reporting, Tier II chemical inventory reporting, Toxics Release Inventory (TRI) reporting, RCRA waste and Part B Permit management.
  • Executed in-house counsel role as primary, day-to-day environmental remediation projects oversight, EHS regulatory compliance, product stewardship, and regulatory affairs matters for a large publicly traded international coatings company.
  • Defeated $100 million claim through summary judgment in Utah state court, negating suit by local municipality regarding groundwater contamination allegedly from client’s former explosives facility.
  • Leveraged favorable $4 million settlement, versus $10 million sought by EPA, through creative litigation tactics in CERCLA litigation; substantial recoveries from third-party defendant contribution suits.

News & Insights

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