Stormwater Management and Sewer Overflows. We have successfully assisted municipal entities in consent decree negotiations and renegotiations with the U.S. Environmental Protection Agency and Department of Justice with respect to long term control plans, green infrastructure, and other Clean Water Act (CWA) permitting and compliance issues.
Transportation and Infrastructure Planning and Development. We have successfully represented numerous public, quasi-public, and private entities in securing and defending as needed in litigation, environmental and land use approvals for a wide range of complex commercial, transportation, entertainment, and infrastructure projects – including redevelopment of contaminated sites. Our work includes mega-projects such as the Intercounty Connector expressway in Maryland, the Verizon Center and Union Station redevelopment project in Washington, D.C., and the Tappan Zee Bridge in New York.
Drinking Water Quality/Safe Drinking Water Act. We have successfully defended our municipal clients where individual plaintiffs, or groups of plaintiffs, have sought to bring claims based upon the alleged presence of lead and other contaminants in drinking water. We have also negotiated numerous Administrative Orders on Consent and defended enforcement actions brought under the Safe Drinking Water Act (SDWA) and its state counterparts. [For Henderson, Nevada, only, this experience extends to matters involving groundwater contamination associated with perchlorate compounds.] Our Drinking Water group also produced a leading desk-book on SDWA developments and compliance, including matters involving implementation of the Revised Total Coliform Rule and amendments to the Lead and Copper Rule.
Solid Waste Management. We have helped cities obtain permits for new or expanded existing landfills and address new challenges related to waste management, from product take-back and recycling to beneficial use of biosolids from wastewater treatment. Beveridge & Diamond secured a trial win for the City of Los Angeles that protects the long standing use of biosolids as a fertilizer and soil amendment on farms in Kern County. This case is believed to be the first trial focused on the benefits and safety of recycling biosolids to farmland, a practice used by many of America’s largest cities for decades.
Air Quality Compliance. We help municipal clients navigate all aspects of compliance with Clean Air Act regulations for criteria pollutants, hazardous air pollutants and greenhouse gases. For example, we are well-positioned to advise municipalities, where applicable, on the updated National Emissions Standards for Hazardous Air Pollutants for POTWs that EPA proposed in December, and on the report, titled “National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports,” that EPA issued in September. We also helped one POTW secure an extension for compliance with the air regulations for sewage sludge incinerators under Section 129 of the Clean Air Act.
Protection of Wetlands, Endangered Species, and Historic and Cultural Resources. We help municipal clients devise strategies for coordinating permits with state and federal resource agencies such as the U.S. Army Corps of Engineers, the U.S. Fish & Wildlife Service, the National Park Service, the U.S. Coast Guard, the Advisory Council on Historic Preservation, and others.
Environmental Justice. We have deep experience anticipating and proactively managing sensitive and possibly contentious multi-stakeholder interactions, including those related to environmental justice.
Redevelopment/Remediation of Contaminated Properties. We regularly advise clients on remediation and development of contaminated sites; environmental insurance coverage review and placement; project and facility permitting and land use issues; and litigation that may arise from redevelopment activities.