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Baker Botts L.L.P
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Water Quality

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The U.S. EPA has announced its intention to employ Clean Water Act (CWA) authorities to protect U.S. waters from such diverse alleged threats as ocean acidification. Baker Botts offers considerable experience in nearly all types of water quality issues, including compliance, agency enforcement of water quality standards and development of water quality regulations. We have represented clients to address ocean acidification issues, storm water permitting, Spill Prevention Control and Countermeasure rule compliance and other significant water quality issues. For example, we have worked with clients to clarify the extent of federal jurisdiction over wetlands under Section 404 of the CWA and the precise extent of “waters of the United States.” Current judicial decisions vary widely concerning the scope of the Corps’ authority to regulate wetlands, and a lack of uniform regulatory practices among Corps districts has created considerable confusion among landowners.
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Much of our water quality experience, such as permitting, draws from our substantial work in the energy industry, including compliance counseling related to off-shore National Pollutant Discharge Elimination System (NPDES) permits. In contested permit situations, one of our chief responsibilities involves leading and coordinating the many diverse stakeholders. We frequently work with key technical and governmental relations experts to identify potential roadblocks that threaten to derail the permit. Once we identify these potential roadblocks, we then determine the project’s critical path and develop strategies for prevailing on decisive challenge points.

With one of the largest environmental practices in the country, we are able to handle a number of cross-disciplinary and cross-border water issues—including issues that arise during international infrastructure projects. For example, during the NPDES permitting process for an offshore liquefied natural gas (LNG) import terminal, we resolved a number of difficult issues related to the discharge of ocean water used to convert LNG into natural gas to be piped and sold in the United States. We also recently worked on siting and construction for multiple hydro projects in Rwanda to replace fossil fuel fired electric generation.

Our water quality services include:

  • Compliance counseling
  • Strategic permitting
  • Enforcement
  • Litigation
  • Legislative and regulatory development
  • Drinking water issues
  • Oil Pollution Act issues