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Experience
Specialized expertise in water quality based on a solid science background, which provides a unique understanding of chemical, biological, and ecological ramifications of water quality policies and regulation.
Negotiated scores of legal and achievable NPDES permits for municipal and industrial storm water and wastewater discharges throughout California, as well as Section 404 permits and waste discharge requirements for dredging projects.
Administratively and judicially challenged numerous NPDES permits for publicly owned treatment plants and municipal separate storm sewer systems where reasonable permits could not be negotiated.
Extensive State court experience including writ practice in Superior Courts and substantial appellate advocacy experience briefing and arguing cases before California Appellate Courts and the California Supreme Court as counsel to parties and amicus curiae.
Substantial Federal court experience, including discovery and taking and defending against fact and expert witness depositions.
Defended and settled NPDES permit appeals, proposed enforcement actions related to water quality, and citizen suits filed under the Clean Water Act against municipal and industrial clients.
Successfully challenged U.S. EPA Region IX's approval of unlawful provisions contained in the Water Quality Control Plan (Basin Plan) for the Los Angeles Region in federal district court.
Commented on or negotiated the terms of several Total Maximum Daily Loads (TMDLs), including for chloride, trash, nitrogen, bacteria, mercury, and pesticides, and Site Specific Objectives (SSOs), including for copper, nickel, and cyanide.
General
Downey Brand LLP, Executive Committee Member
Former Director of Regulatory Affairs for the California Association of Sanitation Agencies (CASA).
Former Environmental Law Fellow/Co-Director, Tulane Environmental Law Clinic.
Author of several federal and state bills and resolutions, and published novelist.
MEMBERSHIPS
State Bar of California, Environmental Law Section, Member
U.S. Supreme Court, Ninth Circuit Court of Appeals, and Federal District Courts for the Eastern, Northern, Southern and Central Districts of California, and all California State Courts, Admitted to Practice
American Bar Association, Natural Resources and Local Government Sections, Member; Panelist
California Association of Sanitation Agencies (CASA), Attorneys Committee, Member
Association of California Water Agencies (ACWA), Clean Water Sub-Committee and TMDL Workgroup, Former Chair
Sacramento River Toxic Pollutant Control Program Subcommittees, Former Facilitator
Riparian Improvement Organization (RIO), Former President
California Department of Real Estate, Salespersons License Holder
California Stormwater Quality Association (CASQA), Member
Groundwater Resources Association (GRA), Member
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