Compliance Counseling
We advise companies, farms, and local governments on their duties under state and federal water pollution control laws, including the interpretation of their NPDES permits. We also counsel our clients on avoiding unnecessarily stringent pollution control requirements imposed by total maximum daily loads (TMDLs), new water quality standards, and stricter regulations.
Permits
We assist farms, companies, and local governments in determining whether NPDES permits or permits to install are required for their operations. If required, we help them obtain fair permits by analyzing the draft permits issued by the states and negotiating changes. If necessary, we contest the permits by appealing them to an independent tribunal.
Fish Kills
In some cases, government regulators may seek monetary damages for the loss of fish and other wildlife allegedly caused by pollution from a farm, company, public sewer system, or other source. We are experienced in the negotiation and litigation of fish kill claims for government and private clients.
Storm Water
Storm water pollution requirements apply to construction sites of one acre or larger. During construction, storm water construction permits require silt fences, collection impoundments, and other controls to prevent soil erosion into surface waters. After construction, NPDES permits impose post-construction and industrial storm water requirements. Local governments are also required to adopt storm water control programs for municipal separate storm sewer systems (MS4s). We assist companies, builders, local governments, and farms to obtain authorization for their activities under these permits, negotiate permit conditions, and handle disputes with government regulators over compliance issues.
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