California’s dramatic history of water adds new chapters every day in cities throughout the state. Working as an integral asset of the environmental practice group, Archer Norris attorneys focused on water, wastewater and contaminants matters represent California commercial interests, cities and various water districts, agencies and coalitions. We use our extensive experience to advise and counsel public agencies and private companies in NPDES permitting, enforcement and regulatory affairs.

California Environmental Law Counsel on Water

Our environmental law team’s skills cover all aspects of environmental law related to water, wastewater and contaminant concerns.   This includes toxic and hazardous substances, the California Environmental Quality Act and land use decision-making.

 On-the-Ground Statewide Focus

 Archer Norris represents clients on these often locale-specific issues throughout the state. We address issues as a cohesive force with a keen understanding of the technical, legal and regional issues. Armed with knowledge of applicable laws and regulations, and years of regulatory and administrative agency interactions, our attorneys also can comfortably and persuasively communicate our clients’ position to regulatory staff and decision-makers.

California Association of Sanitation Agencies

• Long-time affiliation with state-wide leader on wastewater and recycling issues, including litigation counsel involving Vacaville NPDES permit and the “tributary rule.”

City of Healdsburg

• Served as special counsel for the city in defending against a citizens’ suit that raised fundamental issues of Clean Water Act jurisdiction over surface water, groundwater and wetlands, as well as the application of the regulatory “waste treatment exception.” Also represented Healdsburg on NPDES permitting issues before the North Coast Regional Water Quality Control Board. Facilitated settlement meetings and repaired damaged relationship between the city and regional board staff.

City of Yuba City

• Successfully appealed permitting decisions of the Central Valley Regional Water Quality Control Board to the Stare Water Resources Control Board. Using judicious use of a collateral suit under the Public Records Act, Archer Norris negotiated a settlement on behalf of the city that resulted in independent oversight of the remanded issues and a new permit that meets the client’s needs.

Contra Costa Council

• Represented the Contra Costa Council in the “Tosco Appeals” before the regional and state water boards, which led to the precedent-setting rejection of “no net loading” as a discharge permit provision.

El Dorado Irrigation District

• Defended against a citizen’s suit brought under the federal Clean Water Act alleging serious violations of NPDES discharge permit. Also guided the District through civil and criminal investigations by USEPA, State Department of Fish and Game, and County prosecutors. In addition, counseled District defending wrongful termination/civil rights suit by the wastewater treatment plant operator.

Mirant California, LLC

• Provided NPDES permitting advice and counsel for the independent power company before the Central Valley and San Francisco Bay Regional Water Quality Control Boards. NPDES permit adopted by the SFRWQCB was the first uncontested NPDES permit in over two years of contentious permitting decisions.

Salinas Valley Water Coalition

• Resolved dispute on behalf of growers’ coalition in precedent-setting litigation involving control of seawater intrusion in the Salinas Valley. Helped overturn the Monterey County Water Agency’s attempt to regulate agricultural groundwater extraction and improved the public participation process that resulted in a consensual solution.

Sonoma County Water Agency and Northern California River Watch

• Represented group of wastewater treatment systems against Clean Water Act claims arising out of collection system maintenance, overflows, and exfiltration brought by the citizens group, Northern California River Watch. Obtained a dismissal of pending litigation that allowed settlement discussions on existing capital improvement plans. The final settlement required no additional capital expenditures by our client.

Storm Water

• Represented operator of recycling plants in connection with EPA administrative action for violation of storm water best management practices. Successfully negotiated settlement on behalf of client.

Turlock Irrigation District

• Provide strategic advice and representation on water quality issues to one of the oldest and largest irrigation districts in the state. Significant issues have included procedures for identification of impaired water bodies, development of multiple TMDLs, and the regulation of discharges from irrigated agricultural land. Services have included legal analysis and advocacy to regulatory staff and at agency hearings.

Wastewater Collection and Treatment

• Represented private contractor of wastewater collection and treatment services in public private partnership with municipality concerning the release of untreated and partially treated effluent and collection system maintenance and improvement issues achieving consensus on municipality’s performance under consent order and on the client’s performance in the public private partnership.

Water Basin Management

• Counseled the California Department of Corrections and Rehabilitation in matters before the Regional Water Quality Control Board on specific violation and broader water basin management plan issues.

Fast Facts

• Archer Norris has been actively defending a variety of insured and self-insured defendants in asbestos litigation for more than two decades. The number of cases defended to completion is well in excess of 1,000.
• Environmental attorneys skilled at negotiating in the complex arena of state and federal environmental laws, particularly with regard to water quality and contaminants. They can, and have, litigated to the U.S. Supreme Court.