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Environmental
The federal Water Pollution Control Act—generally known as the Clean Water Act—was enacted with the goal of safeguarding drinking water sources, protecting rivers, lakes and streams for recreational use and maintaining aquatic life.
Waller Lansden provides counsel with respect to permitting and enforcement actions associated with the numerous programs under the federal Clean Water Act. We assist clients with permitting wetlands and other aquatic resource issues in facility siting, including with the ancillary section 106 National Historic Preservation Act and section 7 Endangered Species Act interagency consultation. We also help clients ensure their compliance with ever-tightening stormwater permitting requirements, and defend them when problems arise. In an industrial context, we represent clients in NPDES permit negotiations and with permit compliance programs and self-audit protocols. We also help with appeals of permit denials or unsatisfactory permit conditions, if necessary. We also have counseled municipalities and public utilities regarding compliance issues.
Our firm has defended clients against state and federal administrative enforcement actions and citizen suits. We also conduct administrative advocacy related to state Clean Water Act programs and appeal NPDES permit denials and permit conditions. Additionally, we perform water-related compliance and permitting for commerical and industrial facilities, including retail developments, paper mills, power plants, chemical manufacturing facilities and publicly owned treatment works (POTWs).
Significant Matters
- Obtained Tennessee water quality certification and U.S. Army Corps of Engineers and Tennessee Valley Authority permits for filling wetlands for road extension for a $70 million East Tennessee commercial development, despite endangered species concerns, considerable adverse media attention and opposition by numerous environmental organizations.
- Assisted national mining company in obtaining multiple federal and state environmental permits for construction of quarry and barge terminal on the Tennessee River, and in litigation with citizen group in administrative appeal of permits.
- Obtained a judgment from the Tennessee Water Quality Control Board, upheld by the Tennessee Supreme Court, that a constructed stream could be used to allow a $400 million Middle Tennessee retail development to proceed
- Represented national paper company in appeal of NPDES permit conditions applied to paper mill, negotiating favorable resolution to technical issue over sampling protocols.
- Negotiated resolution of hospital’s alleged wastewater discharge violations with Oklahoma City.
- Represented Missouri-based manufacturing company in enforcement proceedings with state and municipal agencies alleging tampering with required effluent sampling equipment.
- Defended aluminum foundry against citizen’s lawsuit under Clean Water Act, alleging NPDES permit violations by client’s Alabama facility.
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