Legal Alerts Aug 29, 2022
EPA Releases Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA
Municipalities and Special Districts Could Face Liability As a Result
At a Glance
A major area of focus for Andre’s practice is the intersection of the water quality and water supply regulation.
His unique experience allows him to focus on areas of overlap where acute knowledge of multiple regulatory schemes is required.
Andre is often called upon as a presenter at seminars exploring the legal issues surrounding water rights and regulation.
Andre Monette works with both public and private clients in matters involving water quality issues. He is a member of the Environmental & Natural Resources practice group in Best Best & Krieger LLP’s Washington, D.C. office. Andre works extensively with water districts, cities, counties and agricultural interests, and other private entities on matters involving the Federal Clean Water Act and its state law analogues.
Andre works with public agencies and farmers on matters involving water rights, water supply and water quality. Andre also works with investors interested in water projects, helping funds assess the viability of potential water related investments. Representative matters include the following:
- Testifying before the United States House of Representatives Resources Committee on the potential water supply impacts of legislation relating to salmon conservation.
- Testifying before the United States Senate Environment and Public Works Committee on the jurisdictional reach of the Clean Water Act and proposed revisions to the definition of “waters of the United States."
- Representing a municipality in matters involving cross border sewage flows and compliance with the Clean Water Act, resulting in a $300 million appropriation for projects in the United States-Mexico-Canada Agreement (“USMCA”) and $40 million in additional funds.
- Filing multiple briefs as amicus with the United States Supreme Court on matters involving the Clean Water Act and water supply.
- Representing clients in water rights acquisitions via purchase of mutual water company shares, and other water rights vehicles.
- Representing investment funds in contracting and due diligence involving water related investments.
- Representing farmers in California on groundwater rights issues including implementation of the Sustainable Groundwater Management Act.
- Representing clients on complex water rights matters including adjudicated stream systems and federal reserve water rights.
- Defending enforcement actions brought by EPA and state agencies regarding alleged violations of the Clean Water Act, RCRA and TSCA.
A major area of focus for Andre’s practice is the intersection of the water quality and water supply regulation. Federal and state laws across the nation divide water quality and water supply regulations into separate categories that often do not intersect and can preclude efficient use of the supply. Andre’s practice focuses on areas of overlap where acute knowledge of multiple regulatory schemes is required, including; streambed restoration, groundwater recharge projects, indirect potable reuse projects, large scale recycled water projects, and effluent limitation compliance.
Andre is the managing partner of BB&K's Washington, D.C. office.
Education
- Case Western Reserve University, J.D.
- San Diego State University, B.S., geology with marine geology emphasis and political science minor
Admissions
- California
- District of Columbia
Awards
- International Municipal Lawyers Association Amicus Service Award, 2016, 2019, 2020
Authored Articles & Publications Aug 16, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in July Issue
Authored Articles & Publications Jul 18, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in June Issue
Legal Alerts Jul 05, 2022
U.S. Supreme Court Limits EPA’s Climate Change Authority Under the Clean Air Act
The Court’s Decision in West Virginia v. Environmental Protection Agency Opens the Door For Courts to Reconsider and Potentially Erode Chevron Deference
Authored Articles & Publications Jun 24, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in May Issue
Legal Alerts Jun 17, 2022
Environmental Protection Agency Issues New Drinking Water Health Advisories
Advisories Apply to PFOA, PFOS, GenX and PFBS
Authored Articles & Publications May 17, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in April Issue
Authored Articles & Publications Apr 15, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in March Issue
Authored Articles & Publications Mar 16, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in February Issue
Authored Articles & Publications Feb 16, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in January Issue
Authored Articles & Publications Jan 19, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in December Issue
Legal Alerts Jan 07, 2022
U.S. Treasury Releases Final Rule on ARPA Coronavirus State and Local Fiscal Recovery Funds
Final Rule, Considered Victory for Local Governments, Takes Effect in April 2022
Authored Articles & Publications Dec 27, 2021
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in November Issue
Authored Articles & Publications Nov 16, 2021
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in October Issue
Legal Alerts Nov 16, 2021
Monumental $1.2 Trillion Bill Passed to Revitalize the Nation’s Infrastructure
Highlights of the Bill President Biden Signed Into Law on Nov. 15
Authored Articles & Publications Oct 28, 2021
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Investigations and Clean Water Act Rulings in August/September Issue
Legal Alerts Sep 17, 2021
EPA Withdraws Trump-era Guidance on When Groundwater Releases Require Clean Water Act Permits
Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund
Legal Alerts Sep 07, 2021
EPA, Army Corps to Apply Pre-2015 Standard for Clean Water Act Jurisdiction
Announcement Follows Federal District Court Decision Vacating Trump Administration Waters of the United States Rule
Authored Articles & Publications Jul 20, 2021
ARPA Guidance for Municipalities
Six Main Categories for Recipients, Writes Attorneys Ana Schwab, Andre Monette and Gerard Lavery Lederer in PublicCEO
Legal Alerts Jul 19, 2021
Court Allows Trump Administration Waters of the U.S. Rule to Remain
Rule to Remain While EPA and Army Corps Work on Rulemakings to Revoke and Replace
Legal Alerts Jun 24, 2021
EPA Publishes Instructions for Water Utilities to Obtain Chemicals in Short Supply
Water Agencies Can Obtain Priority to Chlorine and Other Chemicals
Legal Alerts Jun 18, 2021
Treasury Releases ARPA State and Local Recovery Funding Compliance and Reporting Requirements/Deadlines
Guidance Includes Four Key Principles to Know
Legal Alerts Jun 10, 2021
EPA and Army Corps to Propose Repealing and Replacing the Navigable Waters Protection Rule
Legal Filing Asks Court to Remand 2020 Rule Narrowing Scope of Clean Water Act
Legal Alerts May 25, 2021
Coronavirus State and Local Fiscal Recovery Fund Guidance for NEUs
U.S. Treasury Provides Direction on Distribution to Non-Entitlement Units of Local Government
Legal Alerts May 10, 2021
U.S. Treasury Releases Guidance on the Coronavirus State and Local Fiscal Recovery Funds
Six Ways the Funds Can be Used
Legal Alerts Mar 11, 2021
COVID-19 Relief Package Provides Substantial Aid to States, Counties and Cities
$1.9 Trillion COVID-19 Federal Relief Package – American Rescue Plan Act
Legal Alerts Dec 10, 2020
EPA Issues Guidance on Groundwater Releases in Wake of Maui v. Hawai’i Wildlife Fund
Clarity Provided for New “Functional Equivalent” Test
Legal Alerts Jun 05, 2020
EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications
Changes to Clean Water Act Section 401 Certifications
Legal Alerts Apr 23, 2020
Supreme Court Decision Creates New Standard for Clean Water Act NPDES Permit
County of Maui v. Hawai’i Wildlife Fund
Legal Alerts Apr 20, 2020
Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow
EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22*
Legal Alerts Feb 06, 2020
PFOA and PFOS Response Levels Lowered for California Drinking Water
New Thresholds Impact Wider Swath of Public Water Suppliers
Legal Alerts Jan 23, 2020
Final Rule Narrowing Clean Water Act Jurisdiction
EPA and Army Corps of Engineers Give New Waters of the U.S. Definition
Legal Alerts Oct 30, 2019
Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23
WOTUS Definition Court Challenges Continue
Legal Alerts Sep 03, 2019
California Issues the Nation’s Strictest Notice Levels for PFAS in Drinking Water
New Response Thresholds and Regulations in the Works for Public Water Suppliers
Legal Alerts Aug 09, 2019
PFAS Concerns Trigger Regulatory and Legal Responses
Federal and State Governments and Courts Concerned About Toxicity and Water Contamination
Legal Alerts Apr 04, 2019
New Wetlands Protections in California Proposed
SWRCB Votes to Adopt Regulations that Could Impact Permitting Procedures
Legal Alerts Feb 15, 2019
Clean Water Act: Proposed WOTUS Replacement Rule Published in Federal Register
Comments Due by April 15
Legal Alerts Dec 12, 2018
Proposed Federal Clean Water Rule Impacts Cities and Residents
Comments Being Sought
Legal Alerts Feb 02, 2018
Decision Could Expand Clean Water Act NPDES Permit Requirements
Ninth Circuit Rules in Hawaii Wildlife Fund, et al. v. County of Maui
Legal Alerts Jan 22, 2018
Supreme Court WOTUS Decision Vacates Sixth Circuit Decision
District Court Stays and EPA Delay of Rule Implementation Remain in Effect
Legal Alerts Jul 27, 2017
EPA and Army Corps Propose Reinstating Longstanding WOTUS Definition
Step One in a Two-Step Process to Rescind and Revise the WOTUS Definition Pursuant to an Executive Order
Legal Alerts Jan 25, 2017
WOTUS Rule on Hold in Sixth Circuit
Challenge to Waters of the U.S. Rule Delayed Pending Supreme Court Review
Legal Alerts Jan 18, 2017
Waters of the U.S. Rule to Go to Supreme Court
Nation’s High Court Agreed to Hear Challenges to Controversial Rule
Legal Alerts Aug 29, 2016
California Supreme Court Requires State to Fund Local Stormwater Programs
Funding Sources Potentially Impacted for Cities and Counties
Legal Alerts Feb 22, 2016
Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges
Nationwide Stay of WOTUS Rule Remains in Effect
- “Wastewater Treatment Becomes Another Area for Public-Private Partnership,” BBKnowledge, July 27, 2016
- “[VIDEO] Waters of the United States: Implications of EPA’s Regulatory Definition,” BBKnowledge, Sept. 3, 2015
- “The Changing Face of Stormwater Regulation in the U.S.,” BBKnowledge, Feb. 26, 2015
- “EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized” PublicCEO, Oct. 20, 2014 (via BBKnowledge)
- “December 3 Deadline for Submitting Federal Water Projects,” BBKnowledge, Oct. 9, 2014
- “EPA Proposes Change to Clean Water Act Rule and Definition of the Term “Waters of the U.S.”,” BBKnowledge, June 20, 2014
- “BB&K Attorney Testifies to Congressional Subcommittee on Proposed EPA Clean Water Act Rule,” BB&K Legal Alert, May 16, 2014
