Stephen Berlin has significant experience in several areas of environmental law, including environmental litigation, business transactions involving environmental issues and environmental compliance matters. Since joining the firm, he has worked in most areas of environmental litigation, both in federal and state courts with an emphasis on private environmental costs recovery actions and representations of potentially responsible parties at Superfund sites and RCRA issues. Mr. Berlin has handled matters both at the trial and appellate levels in both federal and state courts. He has handled numerous matters involving plaintiff's claims of injury caused by contamination.
Mr. Berlin has been lead counsel for some of the largest Brownfields projects in the Southeast U.S. In recent years, he has litigated toxic tort, Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) cases in all the district courts of North and South Carolina and successfully argued a case involving the interpretation of CERCLA to the Fourth Circuit Court of Appeals. During the course of this career, he has acted as lead environmental counsel for several multi-million dollar business transactions involving manufacturing concerns throughout the United States.
Mr. Berlin was recognized in The Best Lawyers in America® for Environmental Law in 2019 and the 11 years immediately preceding. He was also named a 2016, 2018 and 2019 "Greensboro Lawyer of the Year" in the area of Environmental Law by The Best Lawyers in America®. Mr. Berlin has also been recognized in the 2019 and the ten years immediately preceding editions of Chambers USA: America's Leading Lawyers for Business and named to Business North Carolina’s "Legal Elite" list in 2010 and also in 2019 and the seven years immediately preceding and in 2019, he was selected to Business North Carolina's "Legal Elite Hall of Fame" in the area of Environmental Law. He was recognized among the Triad's "Most Influential" professional executives by the Triad Business Journal for the seventh consecutive year. In 2017, Mr. Berlin was named a “Triad Power Player” by the Triad Business Journal. He has been recognized as a North Carolina "Super Lawyer" by Super Lawyers magazine for Environmental Litigation and Land Use/Zoning in 2010 and for Environmental Law in 2010, and again in 2019 and the seven years immediately preceding, and recognized in The International Who's Who of Business Lawyers for 2010 and 2011. Mr. Berlin was named one of North Carolina Lawyers Weekly’s “Leaders in Law” in 2015. He is AV® rated by Martindale-Hubbell.*
*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.
The firm served as lead counsel for Lowe's Home Centers, Inc., in an environmental litigation case regarding property and business damages due to migration of off-site contamination onto Lowe's property.
The firm served as lead counsel for defendant, A.B. Carter, a supplier of spinning accessories throughout the yarn manufacturing sector of the textile industry, in an environmental litigation case brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and various state claims. Successfully obtained summary judgment on behalf of defendant totally dismissing them from the case.
Represent property developer, Wake Forest University, in a major research park's negotiations with the North Carolina Department of Environment and Natural Resources to obtain a Brownfields Agreement for property redevelopment. As a result of the negotiations, the property developer was permitted to redevelop the property as the Brownfields process unfolded instead of upon conclusion of the process. We continue to report annual activity for this matter on an on-going basis.
The firm serves as lead counsel on behalf of a paper manufacturing company in environmental complex business litigation regarding a liability dispute associated with the historic mercury contamination and the resulting remediation of the property.
The firm served as lead counsel on behalf of third party defendant, Achieve Bank N.A., and successfully argued the first reported case before the U.S. Fourth Circuit Court of Appeals regarding the security interest holder exemption from liability for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Represented Kim's Greensboro Real Estate, LLC in the redevelopment of property that was the former site of a manufacturing plant for general commercial use as an international marketplace for a variety of ethnic foods and products. The firm assisted Kim's Greensboro Real Estate, LLC with site environmental assessment and remediation issues, and negotiation and implementation of a Brownfields Agreement with the State of North Carolina.
Represented the City of Winston-Salem, North Carolina in writing, obtaining, and implementing its first Brownfields Assessment Grant and its first Brownfields Revolving Loan Fund Grant from the U.S. Environmental Protection Agency.
Represented Forsyth County and Winston-Salem, North Carolina, in various environmental matters, including the expansion of existing landfills, work issues concerning obtaining water from the Yadkin River, and various Brownfields matters.
Represented Stratford Metal Finishing Inc., an electroplating company, regarding Resource Conservation and Recovery Act (RCRA) hazardous waste issues in negotiations and litigation with the North Carolina Department of Environment and Natural Resources and the U.S. Environmental Protection Agency resulting in a large reduction of fines against the client company.
Rose Acre Farms, Inc. challenged several proposed water quality requirements contained in a draft operating permit to be issued by the North Carolina Department of Environment and Natural Resources. After negotiations with the state agency, the client received the necessary operating permit containing suitable conditions.
Represented subsidiary companies of La-Z-Boy Inc. in a large group of de micromis and de minimis parties regarding hazardous waste disposal and Superfund issues at a bankrupt waste disposal site.
Represented Hanesbrand, Inc. as the developer in negotiations with the NC Department of Environment and Natural Resources to obtain a Brownfields Agreement for property redevelopment. This was the first time the State of North Carolina had allowed the property owner to be the developer of a Brownfields site with liability protection.
Represented construction company with real property acquisition, site environmental assessment and remediation issues, and negotiation and implementation of a Brownfields Agreement with the State of North Carolina. The subject property was initially the site of a textile manufacturing plant located on approximately 36 acres. The plant had been closed and the entire site was sold to our client. The property was then redeveloped for commercial/mixed retail uses including Circuit City and Costco.
Served as lead counsel for Krispy Kreme Doughnut Corporation in a case that arose from allegations by Fairfax County, Virginia that waste water discharge from a Krispy Kreme Doughnut Corporation doughnut manufacturing plant in Lorton, Fairfax County, Virginia damaged the County's sewer system. Krispy Kreme responded that the county operated its sewer system despite faulty design and construction, and with knowledge that the sewage would become stagnant over time, thereby creating conditions that caused the failure of its system. This was a major Federal Clean Water Act case which was favorably settled for our client.
Representing Arvato Digital Services LLC, a supply chain solutions provider, regarding environmental regulatory permitting and matters associated with air emissions, hazardous waste, stormwater, waste water, and hazardous materials.
Insights View All
In The News
Wake Forest University School of Law, J.D. (1984) cum laude
Wake Forest University, B.A. (1981) magna cum laude, Phi Beta Kappa
North Carolina (1984)
U.S. District Court for the Middle District of North Carolina - Chief Judge Hiram H. Ward
Chair of Arts Council Board of Trustees
Immediate Past Chair of Winston-Salem Business Inc.; member of Board
Wake Forest Law School Board of Visitors
Board of Trustees University of North Carolina School of the Arts
Executive Committee Forsyth Futures
Past Chair of Arts Council CEO Search Committee
Founding Board Member of Winston-Salem Children’s Museum
Past Chair Development Committee of Winston-Salem Children's Museum
Wake Forest University School of Law, Adjunct Professor and coach of the National Trial Court Team
Forsyth County Bar Association, Past President (2003)
Past Chair of Enrichment Center Board
Rotary Club of Winston-Salem
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.