Water Quality

Our water quality practice encompasses administrative and judicial enforcement proceedings, citizen suits, legislative efforts, participation in EPA rulemakings, and judicial challenges to those rules. Representative projects have included:

Formal and informal agency advocacy related to major EPA regulations and policies, such as impaired waters/TMDL regulations, general permit requirements for industrial storm water discharges, and National Pollutant Discharge Elimination System (NPDES) regulations regarding concentrated animal feeding operations (CAFOs) and pesticide application.
Litigation against, and in defense of, EPA regulations such as the Phase II storm water regulations, NPDES rules regarding CAFOs and pesticide application, and general permitting for construction-related storm water discharges. See, e.g., Waterkeeper Alliance, Inc. v. EPA, 399 F.3d 486 (2d Cir. 2005) (ruling EPA cannot require non-dischargers to seek NPDES permit coverage); Texas Independent Producers and Royalty Owners Association, et al. v. EPA, 410 F.3d 964 (7th Cir. 2005) (rejecting environmental groups’ challenge to construction general permit).
Litigating challenges to national effluent limitations guidelines, including those applicable to the livestock, steel, and mining industries.
Defending against administrative and judicial enforcement actions and citizen suits alleging unpermitted discharges or permit violations. Successful results include defending a major municipal wastewater treatment facility operator in a CWA criminal enforcement action, resulting in a deferred prosecution agreement that preserved the company’s government contracting ability.
Negotiating NPDES permits for operations in mining, livestock, hazardous waste, and other industries in permit proceedings, and defending those permits in subsequent appeals.
Advising numerous clients on storm water permitting and wetlands issues, including both jurisdictional questions and issues concerning nationwide and individual “dredge and fill” permits under CWA section 404.
Advocating favorable EPA and Army Corps of Engineers policies, and providing Supreme Court amicus briefing on the scope of CWA jurisdiction over “navigable waters” and the exemption from dredge and fill permitting for farming, silviculture, and ranching activities.