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’s practice includes:

  • Representing multiple clients in Clean Water Act cases as Amicus before the United States Supreme Court in Decker v. Northwest Environmental Defense Center, 2012, Los Angeles County Flood Control District v. Natural Resources Defense Council, 2012 and Los Angeles County Flood Control District v. Natural Resources Defense Council, 2014
  • Testifying before the United States Senate on stormwater runoff and the jurisdictional reach of the Clean Water Act 
  • Representing a coalition of water supply agencies before the 6th Circuit Court of Appeals in challenges to EPA regulations implementing the federal Clean Water Act
  • Assisting with the implementation of pretreatment standards in compliance with Clean Water Act Regulations 
  • Litigating complex water rights disputes involving groundwater formations and surface streams across California 
  • Defending clients in enforcement actions brought by state and federal authorities for violating the Clean Water Act and other environmental regulations 
  • Participation in the development and implementation of Total Maximum Daily Loads (TMDLs) applicable to wastewater treatment facilities, municipalities, and other dischargers 


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. He is admitted to practice law in the State of California and the District of Columbia.

Education

  • Case Western Reserve University, J.D. 
  • San Diego State University, B.S., geology with marine geology emphasis and political science minor
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

Sixth Circuit Issues Nationwide Stay of EPA “Waters of the United States” Regulation
Legal Alerts Oct 09, 2015

Sixth Circuit Issues Nationwide Stay of EPA “Waters of the United States” Regulation

The Stay Follows A Preliminary Injunction Issued Against the Clean Water Rule in August

Federal Judge Halts Implementation of Waters of the United States Rule
Legal Alerts Aug 28, 2015

Federal Judge Halts Implementation of Waters of the United States Rule

Injunction Applies Only to 13 States That Are Parties to the Case

New ‘Waters of the United States’ Up Ahead
Authored Articles & Publications Aug 17, 2015

New ‘Waters of the United States’ Up Ahead

As the Final Rule Defining What Qualifies As "Waters of the United States" Becomes Final, BB&K Partner Andre Monette Gives an Overview of the Rule, and Its History

State Water Board Releases Draft Safe Drinking Water Plan
Legal Alerts Oct 13, 2014

State Water Board Releases Draft Safe Drinking Water Plan

Comments on Draft Plan Due Dec. 15

  • “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