Water Resources

Our attorneys have handled a broad range of water quality and water quantity matters, including counseling clients on regulatory compliance issues and litigating cases. We draft and defend total maximum daily loads (TMDLs) and also challenge TMDLs. We negotiate the provisions of wastewater, stormwater and Clean Water Act section 404 permits and defend government actions to enforce provisions of these permits. We counsel business and municipal clients on water quality trading, stormwater and MS4 controls, wastewater treatment plant operations, permitting issues in special protection waters and impaired waters with and without TMDLs, water supply and withdrawal allocations, drought and flooding issues, floodplain management and related endangered species matters. We defended a Fortune 500 company investigated by federal and state authorities for an alleged discharge of pollutants into a creek. Environmental agencies alleged that risks posed by the discharge to water supply and aquatic life warranted a significant penalty. We assisted the client in resolving the matter by a settlement that included performance of supplemental environmental projects that provided significant benefit to the community and enhanced the reputation of the client. In another matter, we represented a company regarding its acquisition of wastewater planning approvals (Act 537) in Pennsylvania to allow for increased flexibility in operations. We are currently defending an appeal by a non-government organization challenging a permit authorizing water withdrawals. Although our practice centers on representation of companies and municipalities, Ken also serves as outside general counsel for the Delaware River Basin Commission, a federal-interstate agency managing the water resources of the Delaware River Basin.