Environmental

The Safe Drinking Water Act passed by Congress in 1974 established uniform national standards for drinking water in all 50 states, the District of Columbia and American territories.  Under the Act, the EPA’s office of Ground Water and Drinking Water establishes maximum contaminant levels (MCLs) for drinking water, however, primary enforcement of the standards is the responsibility of each individual state or territory.

Waller Lansden's environmental attorneys advise clients with respect to the Safe Drinking Water Act and Tennessee's Water Quality Control Act, including the permitting and enforcement programs associated with these Acts.  We assist clients in siting facilities, obtaining permits, complying with regulations such as stormwater requirements, appealing permit denials or unsatisfactory permit conditions and defending enforcement actions by regulatory agencies.  We also have counseled municipalities and public utilities regarding compliance issues.

Significant Matters

• Successfully obtained dismissal of two California PUC-regulated water companies against allegations of violations of federal and state safe drinking water laws in case involving more than 2,800 plaintiffs and approximately 100 defendants in Los Angeles and Sacramento. Hartwell v. Superior Court (2002).
• In remand from Superior Court in Hartwell, obtained complete dismissal of the two water companies at Superior Court and upheld by the Appellate Court. Landmark ruling confirmed California safe harbor for PUC-regulated water utilities against suit if utilities are in compliance with all federal and state safe drinking water laws. In Re: Groundwater Cases (2007).
  
• In presentation to National Association of Regulatory Utility Commissioners (NARUC), urged passage of safe harbor legislation similar to California law protecting water utilities from lawsuits. NARUC Board of Directors passed resolution calling for such legislation on Feb. 20, 2008.
  
• Successfully prosecuted cases resulting in settlements valued at more than $100 million against the State of California and Aerojet General Corporation for contaminating a water utility’s well field.