Beveridge & Diamond has been solving wastewater and biosolids challenges since the inception of the Clean Water Act over 40 years ago.
We are committed to sound biosolids and wastewater management and project development.
Our lawyers have worked on many sides of the solid waste industry—as legal advocates for public and private companies and municipalities, and as in-house counsel to solid waste companies, municipal water systems, and government regulators. We apply this 360-degree perspective to solving regulatory and litigation challenges and helping clients develop and defend wastewater treatment facilities and biosolids programs.
On the regulatory end, we provide cost-effective counsel to help clients secure, modify, and renew permits for wastewater facilities and the use of recycled biosolids. We have been outside counsel for several municipalities in negotiations with the operator of large waste-to-energy facilities for long-term solid waste disposal rights. These contracts typically involve a variety of complex issues including compliance with state law constraints and mandates, provisions on contingencies, host community fees, revenue sharing, and pass-through costs. We also represent municipal wastewater facilities in negotiations with state and federal authorities over stormwater management issues and long-term infrastructure plans.
Clients facing litigation come to us with their wastewater and biosolids issues because of our long track record of courtroom victories. We have successfully struck down in trial and appellate litigation state and local restrictions on land application of biosolids, as well as dismissed significant tort lawsuits alleging nuisance or damage caused by exposure to biosolids. We have secured and upheld in appellate litigation favorable consent decrees for municipal wastewater systems faced with regulatory enforcement actions brought by the United States Department of Justice and state agencies, and favorably settled enforcement actions and citizen suits coast to coast.
With environmental lawyers nationwide covering federal, state, and international regulatory regimes, we have the bench strength to support ongoing regulatory compliance in every applicable area. For example, our extensive air practice is an indispensable asset for municipal wastewater facilities. Our experience in power generation gives us intimate familiarity with the unique environmental issues associated with such facilities, including those that arise in energy sale negotiations and co-location agreements. We also draw on our sophisticated hazardous waste practice to advise our clients on the nuances of federal and state regulations as they impact facility operations.
Our team works with municipal agencies operating publicly-owned treatment works that are responsible for wastewater collection, treatment, and discharge, as well as biosolids management. We maintain strong institutional relationships with many cities that go back decades. We also represent industry associations, agencies operating municipal biosolids generators, and contractors and farmers who recycle biosolids to farmland.
Solid waste management has become very complicated, with more stringent environmental and land use regulation, heightened and more sophisticated opposition to facility siting and operation, and expanded interstate transport. We work creatively with clients to develop new markets and obtain regulatory approvals for the use of biosolids as both an energy resource and as bulk and garden fertilizer. Similarly, stormwater management, urban growth, more frequent and intense storms, and aging infrastructure pose challenges to cities nationwide. Our in-depth knowledge of wastewater and biosolids law, engineering, and science, offers clients a potent combination to deliver positive outcomes.
We keep our clients in compliance with the complex regulatory scheme that governs wastewater and biosolids to deter litigation. Should a lawsuit arise, we have a track record of precedent-setting courtroom results to best position our clients for success.