eric.devito@smxblaw.com

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1025 Thomas Jefferson St, NW
8th Floor, West Tower
Washington, DC 20007-5201

202.342.0800 Phone
202.342.0807 Fax

Eric M. DeVito principal

Eric DeVito represents the firm's real estate, industrial and rural electric cooperative clients in contract negotiations, state and federal regulatory proceedings, utility programs, legislative initiatives, and transactional issues, particularly in matters related to land use, electric power supply, natural gas, electric power transmission, and site development. He has lobbied and consulted with federal, state and local agencies and national interest groups on legislation, environmental permits, appropriations, and various energy, zoning and building codes and related programs.

Eric's specialty areas include complex contracts in business and energy transactions, environmental regulations, and zoning, subdivision and development matters. He has negotiated the acquisition of numerous assets and properties and assists clients in various real estate matters, including infrastructure agreements, environmental and development permitting, and in the negotiation and execution of electric and gas supply agreements. He also has represented clients in analyzing tax rate structures, tax incentives, and economic development programs relating to the siting of new manufacturing facilities.

Eric was previously with the firm from 1997 to 2005 and rejoined in 2011 after serving for six years as Vice President and General Counsel for Ribera Development, LLC, a real estate development company in Annapolis, Maryland. Eric is a certified public accountant (inactive) and was a Senior Tax Accountant with Arthur Andersen (from 1992 to 1995) specializing in taxation of partnerships, S-Corporations, C-Corporations and expatriates.

Publications

  • Residential Windows: A Guide to New Technology and Energy Performance, Norton Professional Books (2nd Ed.) (Contributing author).
  • Taxation of Public Utilities, Lexis Publishing (8th - 11th Ed., 2001 to 2004) (author).
  • The Increasing Medical Malpractice Risk Related to Pressure Ulcers in the United States, 48 J. AM. Geriatrics Soc'y 73 (2000) (co-author).

Speaking Engagements

  • Guest Lecturer, University of Maryland Urban Studies & Planning Program, teaching legal concepts of land use planning to masters program students.
  • Panelist, “A Comprehensive One-Day Seminar on the New TMDL for the Chesapeake Bay Watershed: Regulation, Implementation, Compliance and Best Solutions,” presented by Law Seminars International.

Building Codes and Regulation

Stone Mattheis Xenopoulos & Brew, PC represents manufacturers of building products and other stakeholders regarding national, state and local building regulation and code issues. This practice includes:
  • Development and advocacy of proposed amendments to and interpretations of model, state and local codes and regulations (such as the International Building Code, and International ...
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Electric and Natural Gas Utility Law

Stone Mattheis Xenopoulos & Brew, PC represents wholesale and retail buyers of electricity and natural gas in determining optimal energy strategies, in contract and transactional matters, and in litigation before federal and state courts and agencies. Our firm has an established reputation for skillful, creative, and aggressive advocacy of its ...
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Energy Efficiency

Stone Mattheis Xenopoulos & Brew, PC represents manufacturers of energy efficient products and other stakeholders regarding national, state and local energy efficiency issues. This practice includes:
  • Development and implementation of overall strategic plans for product technical marketing
  • Advice and representation regarding product energy efficiency testing, certification and labeling
  • Development and advocacy of proposals ...
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Real Estate Development and Land Use Law

Stone Mattheis Xenopoulos & Brew, PC represents real estate developers and other stakeholders in zoning, land use and complex permitting and approval matters for residential, commercial and mixed-use projects. We assist clients in meeting the requirements for permit compliance, site development approvals, re-zonings, special exceptions, adequate public facilities and variances. We ...
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  • Negotiation and drafting of numerous agreements:
    • Asset purchase agreements
    • Power purchase agreements
    • Acquisition and sale agreements of partnership and joint venture interests
    • Shared development & infrastructure agreements
    • Impact fee credit agreements
    • Adequate public facilities mitigation agreements
    • Nutrient load transfer agreement (TMDL)
    • Financing agreements
  • Management of real estate development plan submission and permit approval process.
  • Negotiation, drafting and lobbying of numerous pieces of Federal, state and local legislation, including the original legislation that created energy efficiency tax credits first adopted by the Federal government in 2006 and renewed in the 2009 “Stimulus” bill.
  • Utility and road access permit acquisition, including a Federal utility access permit from the National Park Service
  • Negotiated and analyzed site selection criteria of economic development incentive packages for the siting of a new steel manufacturing facility.
  • Negotiated acquisition of a 1.2 million gallon per day wastewater treatment plant, secured Public Service Commission approval and transfer of the state discharge permit, and continued management of permit compliance, operations and maintenance.
  • Represented landowners in negotiating and executing oil and gas leases for multiple Marcellus Shale parcels in southwestern Pennsylvania.