Our Environmental, Energy + Telecommunications practice group lawyers and analysts have a long history of helping water supply and wastewater treatment clients achieve their objectives. Our clients trust us to provide advice through our across-the-board experience and talent, working collaboratively to: complete capital projects; establish rates, assessments, and user fees; and resolve compliance concerns.

Our Services

We represent a broad spectrum of public and private clients, including water suppliers, water treatment and services facilities, hydropower providers, and industrial clients whose operations intersect with public water supply. We provide legal services across the entire range of water and wastewater challenges that these utilities and businesses must overcome.

Water Resources

We negotiate agreements and secure permits and approvals for public, tribal, industrial, and commercial water projects. We help clients secure the authorizations they require to withdraw ground and surface waters and to construct and operate related wellfields, dams, and water supply facilities. Collaborating with lawyers throughout our firm and with technical, governmental, and public relations team members, we marshal the facts and evidence needed to submit approvable applications to regulators and secure the required community and agency support. Our clients assessing and entering into shared, regional, and privatized utility supply arrangements also take advantage of the firm’s broad range of services including municipal, finance, and environmental practices..

Wastewater Treatment Services + Facilities

We help public and private utilities finance and construct new and expanded wastewater treatment works and enforce their fee, loading, and other sewer use restrictions. We defend state and federal enforcement actions taken against our client for sewer overflow claims and other compliance allegations and counsel them on compliance concerns arising from new laws and activities associated with their operations.

Hydropower

Our team effectively represents clients on heavily regulated hydropower projects, focusing on these critical areas:

• Analyzing Federal Energy Regulatory Commission (FERC) jurisdictions
• Assisting with licensing/relicensing efforts
• Addressing FERC preemption issues
• Negotiating, counseling, and assisting with environmental agency/FERC interface issues, such as water resources, fish passageways, shoreline management plans, and property rights

Water Contamination

We represent clients in the investigation and remediation of releases threatening water supplies, aquifers, and other environmental media. Our services include crisis response counseling, advice on state and federal reporting and other compliance obligations, teaming with our clients’ technical teams to develop cost-effective remediation approaches including cleanups supported by risk-based standards, environmental covenants, and other institutional and engineered controls, and legal representation in related actions for cost recovery and contribution.

Our Team

We collaborate with colleagues across our firm’s diverse practice areas, including Finance + Public Finance, Land Use, Real Estate + Development, Insurance + Reinsurance, and Environmental, Energy + Telecommunications. We also team up with our clients’ personnel and consultants and draw on the experience and talent of industry professionals to form the most effective and efficient team possible for each matter we address.

Our attorneys are active in professional and industry trade organizations representing and supporting the water and wastewater infrastructure market sector, including:

• American Water Works Association (AWWA)
• National Aquaculture Association (NAA)
• Energy Bar Association (EBA)
• National Institute of Municipal Law Officers (NIMLO)
• United States Delegation to the Second Session of the United Nations Committee on Fisheries (COFI)

Our Environmental, Energy + Telecommunications practice group provides legal services for your water, wastewater and hydropower projects—striking a sophisticated balance between meeting complex regulations and achieving your goals.