Water Quality Control

Our attorneys have experience with compliance counseling and enforcement actions with respect to pretreatment standards and the National Pollutant Discharge Elimination System (“NPDES”) and state wastewater discharge permitting programs covering both technology-based and water quality standards. We also have successfully assisted in applications for wastewater discharge permits for a variety of entities, including large real estate development projects. In some cases, these applications attracted substantial environmental and public interest group opposition.

We also have experience in wastewater permit litigation involving environmental and public interest groups. For example, one of our attorneys represented the defendant in a major NPDES enforcement action by EPA in the Northeast. That matter was preceded by a threatened enforcement action by a citizen group under the citizen suit provisions of the Clean Water Act.

In addition to direct discharge requirements, our attorneys have worked with industrial clients regarding the indirect discharge of waste to publicly owned treatment works (“POTWs”). Because the majority of these regulations are local in nature, our attorneys have negotiated with numerous cities on behalf of industrial clients regarding the settlement of alleged excessive or unlawful discharges. In many cases we have been successful in substantially reducing the penalty proposed and using supplemental environmental projects to help achieve both the city’s and industry’s goals.

Our attorneys have also worked with clients in their compliance with EPA and Texas storm water discharge requirements. We also have experience with controversies arising out of EPA’s construction grant program under the Clean Water Act.

Our firm also has significant experience in litigating cases resulting from ground and surface water pollution. We have handled lawsuits involving provisions of the Clean Water Act, the Oil Pollution Act, RCRA, CERCLA, FIFRA, the Texas Solid Waste Disposal Act and Texas Water Code.

We invite you to contact one of our attorneys to discuss how we might assist you in addressing any environmental challenges or opportunities that impact your company’s interests.