Erin L. Brooks

Erin Brooks
  1. People /

Erin L. Brooks

Erin L. Brooks

Partner

Erin Brooks
  1. People /

Erin L. Brooks

Erin L. Brooks

Partner

Erin L. Brooks

Partner

Chicago/St. Louis

Office Managing Partner - Chicago

T: +1 312 602 5093

T: +1 314 259 2393

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Biography

Erin Brooks is an environmental attorney whose nationwide practice focuses on real estate redevelopment and renewable energy.  Erin diligently works to understand her clients’ businesses so that she can effectively support the proactive management of matters across all environmental areas.  Clients appreciate Erin’s strategic, business-forward, and creative approach to their most complicated issues.

Clients routinely engage Erin to lead responses to regulatory and enforcement actions, site investigation and remediation, transactional matters including mergers and acquisitions, compliance counseling encompassing all environmental media, and all phases of litigation.  Erin partners with corporate clients across a wide range of industries, such as food, beverage and agriculture, manufacturing, metal fabricating, and car rental and fleet management on such nationwide environmental matters.

As part of Erin’s sophisticated brownfield redevelopment practice, Erin routinely represents real estate developers, investors, and sellers in all phases of transactions from due diligence, insurance procurement, and transactional negotiation, including post-closing management of investigation, remediation, and development.  Erin appreciates that the early identification of key stakeholders is critical to the success of these projects.  She leverages connections to build the right multi-disciplinary team and develop tailored strategic outreach.

Erin is also experienced in resolving claims asserted by governmental agencies and third parties, including high profile toxic tort litigation in state and federal courts.  Erin also has substantial experience counseling and defending occupational safety and health (OSHA) matters, and she is a published author on issues affecting OSHA-regulated employers.  

Erin’s appreciation of business drivers is well supported by her experience working “hand in hand” with clients on corporate governance issues, such as serving as independent counsel for board committees to conduct large-scale investigations and advising energy industry clients on corporate social responsibility policies.  In these capacities, she has played a critical role in evaluating potential compliance issues for the purpose of identifying and implementing proactive solutions, and appropriate remediation as needed.

Erin is actively engaged within her community and serves on the Board of Directors for Operation Food Search, a non-profit organization dedicated to ending hunger in the bi-state area through its innovative nutrition education and advocacy programs.  Operation Food Search is well aligned with Erin’s interest in promoting sustainability and leverages her professional experience working closely with the food and agriculture industries to promote community well-being.

Areas of Focus

  • Logistics & Industrial

Civic Involvement & Honors

  • Chambers USA, Environment (2023)
  • Operation Food Search, Board of Directors
  • Chambers USA, Environment, "Up and Coming" (2021-2022)

Professional Affiliations

  • Missouri Bar Association
  • Illinois State Bar Association 
  • Bar Association of Metropolitan St. Louis

Admissions

  • Illinois, 2013
  • Missouri, 2010
  • United States District Court for the Southern District of Illinois

Education

Saint Louis University, J.D., magna cum laude, Order of the Woolsack, 2010

Truman State University, B.A., magna cum laude, 2007

Related Practice Areas

  • Ethylene Oxide Team

  • Logistics & Industrial

  • ESG & Energy Transition

  • Healthcare & Life Sciences

  • Brownfields

  • Citizen Suits/NIMBY

  • Clean Air Act

  • Clean Water Law

  • Compliance Audits and Internal Investigations

  • Cost Recovery Litigation (Superfund/CERCLA and State equivalents)

  • Criminal Enforcement

  • Endangered Species (ESA)

  • Environmental Review (NEPA and State EIS laws)

  • Hazardous Materials Transportation (HMTA)

  • Hazardous Waste (RCRA)

  • Insurance Counseling

  • Oil Spills

  • Pesticides (FIFRA)

  • Reporting Requirements (EPCRA, CERCLA, Prop 65 and other state laws)

  • Safe Drinking Water (SDWA)

  • Solid Waste and Landfills

  • Toxic Substances Regulation (TSCA)

  • Transactional Work, Including SEC Disclosures

  • Underground Injection Control (UIC)

  • Water Rights

  • Wetlands

  • Mobile Source Emissions and Fleet Management

  • Pubs, Clubs & Restaurants

  • Sustainable Real Estate

  • Financial Institutions

  • Food & Agribusiness

  • Business & Commercial Disputes

  • Environment

  • Real Estate

  • Health & Safety

  • Finance

  • Investigations

  • Litigation & Dispute Resolution

  • Regulation, Compliance & Advisory

  • Renewables

  • PFAS Team

Resources

Publications

  • "A Rule Old and New, Borrowed and Blue: Exxon Adapts State Punitive Liability Law to Craft New Interpretation in Admiralty," 54 St. Louis U.L.J. 357 (2009)

Speaking Engagements

  • Speaker, Brownfield Listings conference, Project Empowerment Through Environmental Due Diligence, June 2019
  • Moderator, Midwest Environmental Compliance Conference, Contaminated Property: Latest Trends, April 2019

Related Insights

Blog Post
Dec 19, 2024

PFAS in firefighting foam (AFFF) and equipment: state-by-state regulations

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing and equipment. These regulations typically involve restrictions in four general areas:  Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations; Disposal, Storage, Inventory or “Take-back” Provisions. Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies; Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and Limitations on Personal Protective Equipment (“PPE”). Some states have limited or prohibited PPE for firefighters that contain PFAS compounds.
Blog Post
Nov 27, 2024

PFAS in groundwater: state-by-state regulations

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have adopted a patchwork of regulations and guidance standards that present significant compliance challenges to impacted industries. This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – typically perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”) – in groundwater.
Blog Post
Sep 13, 2024

PFAS drinking water standards: state-by-state regulations

The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels. In April 2024, the United States Environmental Protection Agency (“EPA”) issued Maximum Contaminant Levels (“MCLs”) and Maximum Concentration Level Goals (“MCLGs”) for certain PFAS, establishing limits as low as 4 parts per trillion (“ppt”). Many states have already regulated PFAS compounds in drinking water but have done so in a variety of different ways, and at different levels. The result is a patchwork of regulations and standards which presents significant operational and compliance challenges to impacted drinking water systems. This client alert surveys the the MCLs, as well as guidance and notification levels, for PFAS compounds in drinking water across the United States.
Blog Post
May 16, 2024

Colorado increases restrictions on PFAS in consumer products

On May 1, 2024, Colorado governor Jared Polis signed SB-81, a bill entitled the "Perfluoroalkyl and Polyfluoroalkyl Consumer Protection Act."  As discussed below, this bill expands Colorado’s existing restrictions on the use of intentionally added PFAS in certain consumer product categories, and revamps the state’s approach to intentionally added PFAS in cookware.  The new Colorado law is similar to Maine’s recent legislation which transitioned away from disclosures and towards PFAS prohibitions in specific product categories.  
Blog Post
Apr 26, 2024

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”).  As discussed below, this designation will, among other things, affect remediation efforts, notification requirements, and due diligence activities.  It also will have ripple effects across many state regulations that reference CERCLA Hazardous Substances. Originally proposed in September 2022, finalization of the rule has been significantly delayed, largely due to the over 64,000 public comments received.  Importantly, one of the major concerns is how the CERCLA listing would impact municipally owned passive receivers of PFAS like landfills, publicly owned treatment works, airports, and farms that have land applied biosolids.  To address those concerns, EPA issued an Enforcement Discretion Guidance document simultaneously while issuing the final rule which provides some relief to those entities. The final rule, related website, and press release provide additional information.  Once the rule is published in the Federal Register, it becomes effective in sixty (60) days, absent any legal challenges. 

Related Insights

Blog Post
Dec 19, 2024
PFAS in firefighting foam (AFFF) and equipment: state-by-state regulations
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing and equipment. These regulations typically involve restrictions in four general areas:  Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations; Disposal, Storage, Inventory or “Take-back” Provisions. Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies; Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and Limitations on Personal Protective Equipment (“PPE”). Some states have limited or prohibited PPE for firefighters that contain PFAS compounds.
Insights
Dec 13, 2024
California indicates lenient enforcement in first year of climate reporting law
Blog Post
Nov 27, 2024
PFAS in groundwater: state-by-state regulations
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have adopted a patchwork of regulations and guidance standards that present significant compliance challenges to impacted industries. This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – typically perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”) – in groundwater.
Insights
Oct 08, 2024
California Climate Reporting Mandates still on track following limited amendments
Blog Post
Sep 13, 2024
PFAS drinking water standards: state-by-state regulations
The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels. In April 2024, the United States Environmental Protection Agency (“EPA”) issued Maximum Contaminant Levels (“MCLs”) and Maximum Concentration Level Goals (“MCLGs”) for certain PFAS, establishing limits as low as 4 parts per trillion (“ppt”). Many states have already regulated PFAS compounds in drinking water but have done so in a variety of different ways, and at different levels. The result is a patchwork of regulations and standards which presents significant operational and compliance challenges to impacted drinking water systems. This client alert surveys the the MCLs, as well as guidance and notification levels, for PFAS compounds in drinking water across the United States.
Blog Post
May 16, 2024
Colorado increases restrictions on PFAS in consumer products
On May 1, 2024, Colorado governor Jared Polis signed SB-81, a bill entitled the "Perfluoroalkyl and Polyfluoroalkyl Consumer Protection Act."  As discussed below, this bill expands Colorado’s existing restrictions on the use of intentionally added PFAS in certain consumer product categories, and revamps the state’s approach to intentionally added PFAS in cookware.  The new Colorado law is similar to Maine’s recent legislation which transitioned away from disclosures and towards PFAS prohibitions in specific product categories.  
News
May 15, 2024
BCLP Makes New Leadership Appointments
Blog Post
May 03, 2024
Maine significantly amends its PFAS consumer products law
Blog Post
Apr 26, 2024
EPA Designates PFOS and PFOA as CERCLA Hazardous Substances
On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”).  As discussed below, this designation will, among other things, affect remediation efforts, notification requirements, and due diligence activities.  It also will have ripple effects across many state regulations that reference CERCLA Hazardous Substances. Originally proposed in September 2022, finalization of the rule has been significantly delayed, largely due to the over 64,000 public comments received.  Importantly, one of the major concerns is how the CERCLA listing would impact municipally owned passive receivers of PFAS like landfills, publicly owned treatment works, airports, and farms that have land applied biosolids.  To address those concerns, EPA issued an Enforcement Discretion Guidance document simultaneously while issuing the final rule which provides some relief to those entities. The final rule, related website, and press release provide additional information.  Once the rule is published in the Federal Register, it becomes effective in sixty (60) days, absent any legal challenges.