California’s dramatic history of water challenges 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 public agencies. We use our extensive experience to advise and counsel clients in permitting, enforcement and regulatory affairs.

Extensive Water Quality Expertise

Recognized as one of the leading firms in the state on water quality and wastewater issues, Archer Norris attorneys litigated the precedent-setting Healdsburg case, the first appellate decision to address the fractured Rapanos U.S. Supreme Court decision on Clean Water Act jurisdiction. Archer Norris currently represents a state-wide association of public-sector wastewater treatment providers in a head-on challenge to the rules governing water quality regulation.

A Leader on Stormwater Issues

Archer Norris attorneys were involved with the drafting of both the original and the revised “C.3” provisions of the Bay Area Municipal Regional Stormwater Permit. Archer Norris has counseled clients behind the scenes, and actively represented them before administrative agencies, regarding compliance with both regional and local C.3 requirements.

On-the-Ground Statewide Focus

Archer Norris represents clients on often locale-specific water quality and stormwater 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 can comfortably and persuasively communicate our clients’ position to regulatory staff and decision-makers.

Water Quality

• Clean Water Act - Defended against citizen’s suit brought under the federal Clean Water Act alleging serious and pervasive violations of NPDES discharge permit. Also guided the public-entity client through civil and criminal investigations by USEPA, State Department of Fish and Game, and County prosecutors. In addition, counseled client defending wrongful termination/civil rights suit by wastewater treatment plant operator.
• NPDES permitting - Represented public entity in permit hearings, including successful appeal to State Water Board. Used Public Records Act action to gain strategic leverage and negotiate a permitting process that resulted in favorable permit terms.
• Irrigation - Provided strategic advice 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.
• Wetlands - Successfully defended a public agency accused of inverse condemnation by the unintentional creation of wetlands by accumulation of stormwater. Distinguished the seminal Half Moon Bay case, resulting in a defense judgment that was upheld on appeal.
• Citizens Suit - Represented group of wastewater treatment systems against Clean Water Act claims brought by the citizens group arising out of collection system maintenance, overflows, and exfiltration. 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.
• Federal Jurisdiction - Served as special counsel for city in defending against a citizens’ suit that raised fundamental issues of Clean Water Act jurisdiction over surface water, groundwater and wetlands. Also represented city on NPDES permitting issues before the Regional Water Quality Control Board. Facilitated settlement meetings and repaired damaged relationship between the city and Regional Board staff.

Stormwater

• EPA Action - Represented operator of multiple regional recycling facilities in EPA administrative action for failure to implement stormwater best management practices. Guided client into compliance and successfully negotiated settlement to client’s satisfaction.
• Local Agencies - Counseled client regarding compliance with local stormwater regulations. Aided local agency in reaching interpretation of own regulations favorable to client’s interests.