Water and Coastal Issues
WATER DISCHARGES AND WETLANDS
Our Clean Water Act experience follows the evolution of U.S. water pollution laws from the 1970s to the present. We counsel numerous companies on the development of federal categorical standards for direct and indirect dischargers and state water quality standards and continuing through the related compliance issues upon enactment of those standards. Similarly, through the representation of local wastewater treatment authorities, such as POTWs to which facilities discharge their wastewater, we understand the pretreatment issues that arise for indirect dischargers from both the regulator and regulated party perspectives. This experience enables us to counsel indirect dischargers on the various strategies available to achieve more favorable or flexible pre-treatment ordinance and permit provisions to avoid or minimize production and operational restrictions that may adversely impact their economic performance. Our client representations have involved analysis and compliance advice in most of the 50 states. Examples include:
- Negotiating a favorable U.S. EPA interpretation of a pre-treatment categorical standard that allowed the client to eliminate standard pollution control technology that would have generated a hazardous solid waste.
- Obtaining a state appellate court decision vacating a fine where the dischargers had begun compliance efforts before the enforcement action was commenced.
- Coordinating the legal strategy to obtain POTW removal credits for both metals and volatile organic compounds that saved indirect dischargers significant pre-treatment expenses by avoiding the need to install pre-treatment technology.
- Developing winning defense strategies for a client facing significant storm water violation and a NPDES non-compliance-related administrative penalty.
- Obtaining variances and site-specific relief from applicable water quality standards for dischargers who were faced with technologically unfeasible and/or economically unreasonable wastewater pollution control requirements.
Our understanding of the federal and state Clean Water Act regulatory programs is based on years of participation in both state and federal Clean Water Act rule-making proceedings and task forces, including NPDES permit procedures, antidegradation, water quality standards, whole effluent toxicity and TMDL methodology. The Group also brings state regulatory experience, such as counseling on state water enforcement matters and rule-making initiatives, to bear in developing negotiating strategies for regulatory matters.
We also counsel clients on issues arising under the NPDES storm water permitting program, including applicability questions, preparation and implementation of storm water management plans and interpretation or modification of storm water permit provisions.
We also have supervised and directed nationwide reviews for compliance with wastewater permitting requirements that involved hundreds of locations.
Through our years of experience on Clean Water Act matters, we have developed an extensive network of relationships with technical consultants who are qualified to provide needed technical advice to help build an effective legal strategy for our clients. We assist clients in bringing together effective technical and legal teams to achieve their compliance objectives.
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COASTAL AND MARINE RESOURCES AND FISHERIES MANAGEMENT
Our capabilities on these topics appear under “NATURAL RESOURCES.”
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WATER RIGHTS, RESOURCES, AND SUPPLY
Our California-based lawyers have special expertise in Western water resource and supply issues. Our experience in this area dates to the development of water quality and flow control plans for the largest single source of water supply in California, the San Francisco Bay - Sacramento/San Joaquin River Delta estuary, in the mid-1990’s. Since then, our lawyers have been involved in one of the largest and most complicated state water rights proceedings, conducted to implement the original plans, in complex litigation over water rights decisions by the State Water Resources Control Board, and in separate complex litigation over the separate state and federal programs to adopt long-term solutions for California’s overall water supply problems.
Most of our water resource clients are large- and medium-size municipal water agencies in both Northern and Southern California. We also have done water rights and resources work for developers seeking to secure water supply arrangements for large, mixed-use development projects. We have a solid reputation within the California water community for the highest quality legal work on a range of issues.
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