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Legislación de agua limpia

We bring a comprehensive knowledge of water quality standards and regulatory issues to every issue your company faces. In conjunction with compliance with the Clean Water Act, we have assisted clients by providing counsel and litigation concerning pretreatment standards; litigating water quality standards and in other rulemaking proceedings; challenging effluent limitations guidelines in court; defending enforcement actions and citizen suits; and counseling and negotiating National Pollutant Discharge Elimination System (NPDES) permits, variances and sediment remediation.

Examples of work undertaken on behalf of clients include:
  • Representing the largest US steel producers association in the Federal Great Lakes Water Quality Initiative.
  • Obtaining a decision from the Sixth Circuit Court of Appeals that there is no implied private right of action under the Clean Water Act to enforce the terms of governmental grants to a publicly owned treatment works.
  • Litigating and successfully resolving one of the largest pretreatment penalty cases ever filed by US EPA under the Clean Water Act in which the agency sought to compel indirect dischargers to dredge historically contaminated sediment from the Grand Calumet River and transform the Clean Water Act into an “Aquatic Superfund.”
  • Negotiating the first consent decree under US EPA’s National Municipal Compliance Policy.
  • Representing several retail water supply companies and their owners in federal court litigation over numerous alleged violations of maximum contaminant levels under the Safe Drinking Water Act.
  • Counseling a major steel company in complex NPDES permit proceedings before the Ohio EPA, US EPA Region V, US EPA’s Environmental Appeals Board (EAB) and the Sixth Circuit Court of Appeals. The result was one of only five NPDES appeals remanded to the EAB and final agreement to extend compliance schedules for whole effluent toxicity limits.
  • Representing a consortium of the nation’s largest publicly owned treatment works and the nation’s largest steel producers association in a successful challenge of the mixing zone ban contained in the Great Lakes Water Quality Initiative in the Washington DC Circuit Court of Appeals.
  • Representing industrial and municipal dischargers in a successful appeal of the state of Ohio’s 1990 water quality standards amendments, leading to amendments affecting compliance schedules, detection limits, site-specific standards, whole effluent toxicity criteria and biological criteria.
  • Preparing comments for a consortium of Ohio industries and the Chamber of Commerce, resulting in changes to Ohio’s proposed Antidegradation Rule and the withdrawal of Ohio’s revised section 304(l) list.

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