Andre Monette

Partner

andre.monette@bbklaw.com

Tel: (619) 525-1374

Location(s)

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
EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications
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

Supreme Court Decision Creates New Standard for Clean Water Act NPDES Permit
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

Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow
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*

PFOA and PFOS Response Levels Lowered for California Drinking Water
Legal Alerts Feb 06, 2020

PFOA and PFOS Response Levels Lowered for California Drinking Water

New Thresholds Impact Wider Swath of Public Water Suppliers

Final Rule Narrowing Clean Water Act Jurisdiction
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

Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23
Legal Alerts Oct 30, 2019

Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23

WOTUS Definition Court Challenges Continue

California Issues the Nation’s Strictest Notice Levels for PFAS in Drinking Water
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

PFAS Concerns Trigger Regulatory and Legal Responses
Legal Alerts Aug 09, 2019

PFAS Concerns Trigger Regulatory and Legal Responses

Federal and State Governments and Courts Concerned About Toxicity and Water Contamination

New Wetlands Protections in California Proposed
Legal Alerts Apr 04, 2019

New Wetlands Protections in California Proposed

SWRCB Votes to Adopt Regulations that Could Impact Permitting Procedures

Clean Water Act: Proposed WOTUS Replacement Rule Published in Federal Register
Legal Alerts Feb 15, 2019

Clean Water Act: Proposed WOTUS Replacement Rule Published in Federal Register

Comments Due by April 15

Proposed Federal Clean Water Rule Impacts Cities and Residents
Legal Alerts Dec 12, 2018

Proposed Federal Clean Water Rule Impacts Cities and Residents

Comments Being Sought

Decision Could Expand Clean Water Act NPDES Permit Requirements
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

Supreme Court WOTUS Decision Vacates Sixth Circuit Decision
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

EPA and Army Corps Propose Reinstating Longstanding WOTUS Definition
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

WOTUS Rule on Hold in Sixth Circuit
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

Waters of the U.S. Rule to Go to Supreme Court
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

California Supreme Court Requires State to Fund Local Stormwater Programs
Legal Alerts Aug 29, 2016

California Supreme Court Requires State to Fund Local Stormwater Programs

Funding Sources Potentially Impacted for Cities and Counties

Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges
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 CategorizedPublicCEO, 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

Contact Andre Monette

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