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.