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
Water Quality
As a nation, we have committed to restoring and maintaining the chemical, physical and biological integrity of our waters. This commitment has made water quality the focus of emerging laws, competing interests and a complex web of federal, state and local regulatory restrictions.
Best Best & Krieger LLP is at the vanguard of these water quality issues. We offer our clients a seamless combination of regulatory, legal and water quality advocacy services to address new, novel or particularly complex water quality issues. Our attorneys have advised clients on water quality issues, litigating when necessary, since before the Clean Water Act’s adoption in 1972.
Recognized Authorities
BB&K lawyers are recognized authorities on key water quality questions. We are active in the Environmental Protection Agency’s development of and changes to a new Waters of the United States Rule, and helping to negotiate language in the original Rule to exempt certain ditches, stormwater features and recycled water features from EPA’s jurisdiction. We remain involved in the multiple challenges to the original Rule and efforts to rescind or revise the Rule. BB&K lawyers are working on seminal cases and projects that will help shape the future of the water quality landscape, such as the inter-relationship between the CWA and the Endangered Species Act and integrated approaches to water quality compliance and emerging legal issues, such as the “conduit theory.” Our deep knowledge of water quality laws and our active engagement in emerging issues enables us to offer clients unrivaled water quality representation.
Unmatched Comprehensive Service
BB&K’s multi-disciplinary team has extensive experience in assisting clients in complying with federal, state and local water quality statutes and regulations, including the Clean Water Act and its state law equivalents, and the Safe Drinking Water Act and its state law equivalents. We are also sought after for our skills in specific water quality focus areas, such as transportation projects, and the construction, permitting, operation and maintenance of water treatment and reclamation facilities, as well as small and large water infrastructure projects.
As a recognized authority on water law with decades of experience, we have developed effective working relationships with the federal and state regulators and the nongovernmental entities that closely monitor water quality issues, and we have earned their respect. This benefits clients when they need to get their issues heard.
Comprehensive Service
BB&K water quality lawyers advise and assist public agencies, water districts, utilities and private entities regarding:
- Compliance with all applicable federal, state and local water quality laws and regulations
- Enforcement matters, including administrative enforcement and third-party citizen suits
- Publicly owned treatment works
- TMDLs
- Groundwater quality
- Water quality aspects of the environmental review laws and compliance with wetlands regulations
- Water treatment and beneficial uses of recycled water, stormwater programs, waste discharge regulations, groundwater nitrate issues and groundwater remediation
- Sanitation and solid waste management
- Water storage and distribution, including how the Endangered Species Act, the Clean Water Act and other federal and state laws restrict water supply options
- Legislative and regulatory advocacy
Our lawyers regularly appear before the federal and state regulators and in state and federal courts on these issues. We advocate for our clients and handle enforcement actions, permit appeals, citizens’ suits and other litigation.
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 Mar 10, 2020
The EPA’s National Water Reuse Action Plan
Joint Plan Aims to Meet Rising Water Demands
Client Successes Feb 11, 2020
BB&K Team Helps Secure $325 Million in Border Water Projects
USMCA and Federal Funds to Address Pollution Problem
Legal Alerts Feb 06, 2020
PFOA and PFOS Response Levels Lowered for California Drinking Water
New Thresholds Impact Wider Swath of Public Water Suppliers
Event Jan 24, 2020
34th Annual Land Use Law & Planning Conference
UCLA Extension Public Policy Program
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 Jan 13, 2020
New Environmental and Telecommunications Laws
Part 3: California Laws Impacting Public Agencies for 2020
Event Dec 03, 2019
ACWA 2019 Fall Conference & Exhibition
Association of California Water Agencies
Legal Alerts Nov 06, 2019
Cities Issuing Business Licenses Will Need to Verify NPDES Permits First
What California Cities Need to Know to Comply with SB 205
Legal Alerts Oct 30, 2019
Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23
WOTUS Definition Court Challenges Continue
![[WEBINAR] Navigating California’s New Regulations for Wetlands and State Waters](/BBK/media/Library/stock-photos/Wetlands-of-Northern-California_t.png?ext=.png)
Videos Oct 10, 2019
[WEBINAR] Navigating California’s New Regulations for Wetlands and State Waters
BB&K Webinar
BB&K Webinar Oct 10, 2019
Navigating California’s New Regulations for Wetlands and State Waters
BB&K Free Webinar
Event Sep 18, 2019
IMLA 2019 Annual Conference
International Municipal Lawyers Association
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
Press Releases Aug 19, 2019
Partner Shawn Hagerty a San Diego Top Attorney
Recognized for Land Use Planning, Water Quality and Municipal Law Work
Legal Alerts Aug 09, 2019
PFAS Concerns Trigger Regulatory and Legal Responses
Federal and State Governments and Courts Concerned About Toxicity and Water Contamination
Event Jul 25, 2019
SGMA’s Next Phase
Sustainable Groundwater Planning in California
Event Jun 20, 2019
2019 California Water Law & Policy MCLE Conference
Argent Communications Group
Authored Articles & Publications Apr 30, 2019
"California Water," Third Edition
Eric Garner’s Updates to Text on Historical, Legal and Policy Issues Affecting California Water Use
Press Releases Apr 24, 2019
BB&K’s Christi Hogin and Andre Monette Honored for Amicus Work by IMLA
The Attorneys Argued About Short-Term Rentals and the Clean Water Act in the Ninth Circuit
Client Successes Apr 24, 2019
Tribe Lacks Standing in Water Suit
Representing Desert Water Agency, BB&K Attorneys Won Partial Dismissal of Case
Legal Alerts Apr 04, 2019
New Wetlands Protections in California Proposed
SWRCB Votes to Adopt Regulations that Could Impact Permitting Procedures
Event Mar 30, 2019
IMLA 2019 Mid-Year Seminar
International Municipal Lawyers Association
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
BB&K In the News Dec 04, 2018
Partner Andre Monette Discusses SCOTUS Clean Water Act Question with Law360
Invitation to Solicitor General for Opinion is Encouraging, He Says
Event Nov 27, 2018
ACWA 2018 Fall Conference & Exhibition
Association of California Water Agencies
Press Releases Sep 18, 2018
BB&K Attorney Ryan Baron Serving on the California Lawyers Association Board of Representatives
Appointed by the Public Law Section
Videos Aug 14, 2018
Lauren Langer Video Bio
Partner
BB&K In the News Jul 20, 2018
Kavanaugh and the Clean Water Act
Partner Andre Monette Interviewed by Bloomberg Environment on SCOTUS Nominee
Event Jun 13, 2018
Water Projects: How to Successfully Navigate a Growing But Complicated Process
American Water Works Association
Event Jun 11, 2018
California Water Law & Policy Conference
Argent Communications Group
Event May 08, 2018
ACWA CLE Workshop & Spring Conference
Association of California Water Agencies
Videos Apr 24, 2018
The Price of an Aging Infrastructure on the Environment
The Bill is Due: Now What? Infrastructure, Pensions and the Environment
Event Apr 21, 2018
Telecommunications, Disaster Planning and Clean Water Act Updates
IMLA Mid-Year Seminar
BB&K Webinar Mar 29, 2018
Fairly (or Unfairly Traceable?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
BB&K Free Webinar
Client Successes Feb 05, 2018
Water Law Case Overturned for City
BB&K Partners Gene Tanaka and Shawn Hagerty Win in California Appellate Court
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 Dec 20, 2017
Dispute Over Lead Testing in School Drinking Water Continues
State Water Resources Control Board Says It Will Enforce Permit Amendment
BB&K In the News Nov 27, 2017
Two Service Districts Form LAFCO
Plumas County News Reports on BB&K Partner Joshua Nelson’s Consolidation Advisement
Event Nov 16, 2017
Our Thirsty State
AWWEE Conference
Legal Alerts Nov 06, 2017
California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019
AB 746 Imposes Requirements for Water Providers and School Districts
Event Oct 19, 2017
26th Annual Environmental Law Conference at Yosemite
State Bar of California Environmental Law Section
Event Oct 14, 2017
IMLA's 82nd Annual Conference
International Municipal Lawyers Association
Event Sep 25, 2017
There’s a Lot Going on in Water Quality Law!
CASQA’s 13th Annual Conference
Event Jun 15, 2017
Riverside-Corona Resource Conservation District In Lieu Fee Program
CLE International's 4th Annual California Wetlands Conference
Event May 30, 2017
Identifying Aquifers for Successful Management
IWRA XVIth World Water Congress
Legal Alerts May 08, 2017
Preparations Underway to Regulate 1,2,3-TCP in California’s Drinking Water
State Water Resources Control Board Held Public Hearing
Event May 05, 2017
Applying P3s to Stormwater
P3 Water Summit
Event Apr 25, 2017
Water Laws and Regulations
HalfMoon Education Seminars
Event Mar 18, 2017
Show Me the Money: Stormwater Permit Compliance and Unfunded Mandates
City Attorneys of Los Angeles County Annual Retreat
Legal Alerts Feb 23, 2017
California to Require Domestic Water Suppliers to Test School Drinking Water for Lead
State Water Resources Control Board Amends Domestic Water Supply Permit
Event Feb 09, 2017
Western Water Law Conference
CLE International
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
Press Releases Jan 20, 2017
San Diego Super Lawyers and Rising Stars 2017
Congratulations to the BB&K Attorneys Recognized for their Work
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
Press Releases Dec 28, 2016
Former County Counsel Ryan Baron Joins Environmental Law Practice Group
BB&K Welcomes Baron as Of Counsel
Videos Dec 05, 2016
Shawn Hagerty Video Bio
Partner
Event Nov 29, 2016
Bringing Water Together
ACWA's 2016 Fall Conference & Exhibition
Videos Nov 22, 2016
Joseph Byrne Video Bio
Partner
Videos Nov 18, 2016
Eric L. Garner Video Bio
Managing Partner
Legal Alerts Nov 15, 2016
The Future of U.S. Infrastructure and Local Control Amid Post-Election Uncertainty
Post-Election Opportunities for Local Government Agencies
BB&K In the News Oct 27, 2016
BB&K’s Reimagining the Cadillac Desert
Maven’s Notebook Shares Highlights from Water Event
Event Oct 25, 2016
California Water: Current Challenges and Future Solutions Conference
Event Oct 23, 2016
Water Rights Reforms - Are Changes Needed to Our Water Rights and Pricing Systems?
State Bar of California 2016 Environmental Law Conference
Event Oct 20, 2016
25th Annual Environmental Law Conference at Yosemite
State Bar of California Environmental Law
Press Releases Oct 05, 2016
Two BB&K Partners Named Among 100 Influential Leaders in San Diego
Partners Warren B. Diven and Shawn D. Hagerty Recognized by The Daily Transcript
Event Sep 29, 2016
Agua Caliente v. Coachella Valley Water District, et al.
Tribal Water Law's 5th Annual Conference
BB&K In the News Sep 28, 2016
South Ontario Neighborhood Has Lived on Trucked-In Water for Nine Years, Here’s Why
BB&K Partner Gene Tanaka Discusses Possible Resolution of Toxic Water Issue with San Bernardino Sun
Event Sep 28, 2016
IMLA’s 81st Annual Conference
International Municipal Lawyers Association
Event Sep 13, 2016
Case Study on Water Quality Driven Projects in Orange County
IRWA Orange County Chapter 67
Event Sep 12, 2016
Developments in California Administrative Proceedings
2016 CASQA 12th Annual Conference
Legal Alerts Aug 29, 2016
California Supreme Court Requires State to Fund Local Stormwater Programs
Funding Sources Potentially Impacted for Cities and Counties
Authored Articles & Publications Aug 24, 2016
Sweeping Six-Case Win For Water District Helps Secure Orange County’s Water Supply
BB&K Partner Michelle Ouellette Authors a Summary of Recent Appellate Victory for Orange County Lawyer Magazine
Legal Alerts Jul 27, 2016
California State Water Board Extends Public Comment Period for Wetlands Policy; New Permits Likely to be Required
Public Comments Due Aug.18
BB&K In the News Jul 25, 2016
Water Futures
Managing Partner Eric Garner Discusses Changing Water Infrastructure with Best Lawyers
Legal Alerts Jul 20, 2016
California State Water Board Releases Revised Drinking Water Fee Regulations
Public Comments Due July 29th
Event Jun 30, 2016
Managing Groundwater in a Time of Increasing Demand and Changing Climate
Toward Sustainable Groundwater in Agriculture: 2nd International Conference Linking Science & Policy
Event Jun 15, 2016
Understanding Local Groundwater Storage Potential
UCLA Water Resource Group
Event Jun 06, 2016
Sustainable Groundwater in California
Law Seminars International
BB&K In the News May 26, 2016
EPA Staff Divided on Allowing CWA Permits for Groundwater Discharges
BB&K Partner Shawn Hagerty Discusses Clean Water Act Issues
Legal Alerts May 19, 2016
Emergency Groundwater Sustainability Plan Regulations Adopted By California Water Commission
Key Principle: Sustainable Management Through Local Efforts
Event May 19, 2016
The NPDES Permit Program: 40+ Years New
American Law Institute Clean Water Act 2016 CLE
Client Successes May 13, 2016
BB&K Secures CEQA Appellate Victory in Water Project
Six Challenges to Public-Private Partnership Effort Overcome
BB&K In the News May 11, 2016
BB&K Team’s CEQA Appellate Victory in Water Transfer Project
High-Profile Case That Impacts Water Customers Throughout Southern California Discussed in News Reports
Legal Alerts May 11, 2016
Sweeping Six-Case Win for Water District
Court Upholds Public-Private Groundwater Conservation and Recovery Project That Will Serve Customers Throughout Southern California
Legal Alerts May 09, 2016
New Executive Order Released By California Governor for Long-Term Water Planning Released
State Water Resources Control Board Releases Draft Regulation to Modify Water Conservation Requirements
Event May 04, 2016
2016 Spring Conference & Exhibition
Association of California Water Agencies
Legal Alerts May 04, 2016
California State Water Board Set to Impose New Drinking Water Fees on Public Water Systems
Public Comments Due June 22
Event Apr 26, 2016
Groundwater Law Conference
American Groundwater Trust
Press Releases Apr 21, 2016
BB&K Partners Shawn Hagerty and Andre Monette Honored by IMLA
They Received an Amicus Service Award for Their Work on a Maui Water Quality Matter
Event Apr 04, 2016
Cities in Transition
Association of Environmental Professionals
Legal Alerts Mar 11, 2016
March 15 Deadline Approaches For California Water Suppliers to Apply for Adjustments to Water Conservation Requirements
Climate, Growth and Water Supply Adjustments Ease Conservation Burden in Some Communities
Legal Alerts Feb 22, 2016
Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges
Nationwide Stay of WOTUS Rule Remains in Effect
Event Jan 28, 2016
Groundwater Sustainability Seminar
American Council of Engineering Companies
Legal Alerts Jan 21, 2016
Shasta Lake Water Levels Subject of New Litigation
Water Contractors Challenge SWRCB Order Potentially Restricting Water
Key Contacts
Connected Industries
Related Practices
- Air Quality
- California Environmental Quality Act (CEQA)
- California Public Utilities Commission
- Economic Development, Real Estate & Affordable Housing
- Endangered Species
- Environmental Law & Natural Resources
- Environmental Litigation
- Government Relations
- Hazardous Waste
- National Environmental Policy Act (NEPA)
- Public Contracts & Construction
- Public Finance
- Public-Private Partnerships
- Water
- Water Rights