We develop creative, strategically tailored solutions to challenges posed by the nation’s clean water laws.
In particular, we focus on the growing convergence between water supply, use, and quality issues. We help clients navigate this dynamic by providing strategic advice and ongoing support during project planning, in stakeholder and permit negotiations, and in litigation and enforcement proceedings.
Our expertise under the Clean Water Act (CWA) and other federal laws, and our long experience representing developers, industry, and local governments on land use issues, provide us with the resources necessary to help our clients achieve their objectives in this rapidly evolving environment. Because these issues often arise in novel settings involving complex political relationships as well as arcane and sometimes competing legal constructs, a steady and experienced hand is especially important in this practice area.
Water: A Strategic Resource
The demand for unlimited quantities of high-quality water is great and growing. Obtaining, securing, conveying, treating, and delivering water have never been greater challenges than they are today. Water use and supply, historically addressed as regional issues of resource allocation and land use, are increasingly affected by federal regulatory considerations such as water quality under the CWA and species management under the Endangered Species Act (ESA). Total Maximum Daily Loads (TMDLs) and water quality trading, habitat and ESA requirements, competing demands for scarce water resources, agricultural and forestry water management practices, water storage, transfer and conveyance rights, wetlands preservation and mitigation, and the watershed-based planning and permitting process give rise to challenges and also opportunities.
Even after water rights are obtained, transporting the water and regulating its quality and use is subject to increasing regulatory scrutiny. Strategic planning to ensure necessary water supply and allowable uses is increasingly critical for the manufacturing, agriculture, and project development industries, as well as public water supply and treatment authorities.
Our core services include:
- Strategic advice and regulatory counseling.
- Assistance with compliance management programs.
- Initiation or suppression of U.S. Environmental Protection Agency (EPA) rulemakings.
- Representation in enforcement actions and criminal proceedings.
- Representation in administrative litigation, as well as citizen suits and other contested proceedings before federal and state agencies and in the courts.