Overview

Our Environmental Group has extensive experience representing clients before the U.S. Environmental Protection Agency (EPA) and other federal, state and local environmental and regulatory compliance agencies, administrative authorities and courts in connection with a broad range of water related matters, including water tariffs and rate schedule filings, public regulation of water including public health issues and Food & Drug Administration (FDA) matters, certification of facilities, enforcement actions and proceedings and participation in administrative proceedings and rulemakings. Our experience includes policy issues and disputes involving public waters and navigable waterways, as well as surface waters, groundwater, and purchases of water from various suppliers. We help obtain permits and licenses for facilities, certificates of siting authorizations, service area determinations and other regulatory approvals for water projects. We work with clients to interpret highly complex regulatory provisions and navigate through the complex maze of technical, legal and business issues involved with existing and potential laws and regulations. We also have experience with enforcement actions at the judicial and administrative levels and have represented many clients in proceedings initiated by the EPA, states, and citizen groups.

Experience
Representative Experience
  • Representing developers, builders and individual property owners on wetlands permitting and compliance, stream buffer permitting and compliance issues, and permitting associated with development and construction.
  • Counseling business entities regarding permitting and compliance requirements under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA) and analogous state programs.
  • Representing a potentially responsible party in state and federal action to clean up the Lower Passaic River in Newark, New Jersey and to recover natural resources damages.
  • Representing one of two defendants in an Indiana fish kill case involving federal, state and class action claims seeking civil damages and penalties exceeding $50 million and federal criminal prosecution under the Clean Water Act.
  • Representing a food processing company in enforcement action by publicly owned treatment works in Illinois for alleged waste water permit violations resulting in settlement after a show cause hearing.
  • Representing a sewer district in the negotiation of long-term control plan revisions under consent decree concerning combined sewer overflows, including use of green technologies to meet Clean Water Act requirements.
  • Representing a client in arbitration concerning an industry claim for breach of representations and warranties concerning waste water discharges from a purchased facility.
  • Assisting in the defense of the South Florida Water Management District in a suit brought by the United States and State of Florida over alleged failure to protect the Everglades.
  • Representing a mining company in Ohio in its effort to obtain air and waste water permits for a new surface mine.
  • Successfully appealing and overcoming an Emergency Order issued to a site owner and operator by the Georgia Environmental Protection Division under Georgia Safe Drinking Water Act.
  • Successfully defending manufacturers against numerous alleged NPDES violations in Mississippi, Georgia, Ohio and Pennsylvania, resulting in no penalties or notices of violation.
  • Negotiating an indirect discharge permit with the state of Ohio that allowed for significant plant expansion without the installation of control technology utilizing head works study at the POTW along with study of client’s waste water discharges.
  • Negotiating favorable permit terms and conditions for industrial discharge permits, including discharges of electroplating, chlorinated waste waters and other wastes.
  • Negotiating favorable settlement of Clean Water Act citizen suit against an airport following a successful permanent injunction hearing.
  • Successfully defending and resolving odor nuisance claims associated with the operations of a municipal sewer plant.
  • Counseling regarding defense to U.S. EPA enforcement action under the Clean Water Act in Ohio.
  • Counseling with respect to preparation of Storm Water Pollution Prevention Plans and Spill Prevention Control and Countermeasure Plans.
  • Defending a municipality in Clean Water Act citizens suit arising from its discharge of de-icing fluids from a city-owned airport.
  • Representing a municipality in an administrative proceeding regarding odors emanating from its waste water treatment plant.
  • Assisting in the transfer of waste water discharge permits in connection with sales and acquisitions of manufacturing facilities.
  • Preparing and submitting comments to the U.S. EPA proposed cooling water intake structure regulations applicable to power plants.