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Our water resources group of lawyers is divided into two main teams — water quality and water supply. Our water quality team addresses the full range of issues under the Federal Clean Water Act and its state counterparts. Our water supply team covers issues relating to water supply, planning, allocation, minimum instream flows, and source water protection.

Water Quality

Over the last 20 years, our lawyers have represented clients nationwide from almost every sector of industry, including pulp and paper manufacturing, mining, transportation, electronics, telecommunications, petroleum, chemicals, and food and beverages. We represent businesses (both large and small), national and state municipal organizations, and individual communities throughout the United States.

Our lawyers serve as general counsel to the CSO Partnership, a national association of communities with combined sewer systems. We are also general counsel to the Virginia Association of Municipal Wastewater Agencies, the Virginia Water and Sewer Authorities Association, and the Maryland Association of Municipal Wastewater Agencies.

Our services include every major aspect of law at both the federal and state levels. We provide the full range of services needed to participate effectively in both the legislative arena and the rulemaking process, including analysis, advice, drafting, lobbying, preparation of comments, and litigation, including judicial review of agency action. We also assist clients in every phase of the permit process and in defense of judicial and administrative enforcement actions, including citizen suits.

Water Supply

Our water supply practice includes water supply planning, regulatory, legislative, litigation, and enforcement matters. We routinely advise water suppliers in the Mid-Atlantic States on the full range of federal, state, and local issues that may affect their facilities and operations (e.g., Safe Drinking Water Act). We also assist industry in developing and permitting groundwater and surface water industrial water supplies and in negotiating agreements with water suppliers.

Wetlands

For more than a decade, we have been helping clients navigate the sometimes treacherous sea of wetland regulations. Few areas of environmental law have gone through as many dramatic program shifts. Consequently, our extensive involvement and experience in this regulatory program can be invaluable when trying to assess the total impact of the program on development of a property or on an industry’s ability to obtain a permit for a facility.

We work on wetlands issues across the country. The vast majority of our work has focused on development projects and enforcement actions in Virginia, Maryland and North Carolina. In addition to coordinating the permitting strategies for clients seeking the necessary federal, state and local wetland permits, we also assist in resolving the problems which may arise during the permitting process and in the related environmental practice areas of historic resources, endangered species and NEPA compliance.

CONTACTS

Benne C. Hutson Partner T: +1 704 343 2060
David E. Evans Partner T: +1 804 775 4317
John M. Lain Partner T: +1 804 775 4381
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Representative Matter

Specialty chemical company

Using updated toxicological information, initiated successful rulemaking petition to establish first North Carolina groundwater standard less stringent than federal drinking water standards.
Representative Matter

Developer of golf course community

Represented developer of golf course community in challenge by environmental group and neighboring property owners regarding whether or not permanent development could occur near trout streams. Obtained decision from North Carolina Supreme Court upholding right to develop.
Case Study

McGuireWoods obtains denial of injunction in asian carp case

McGuireWoods recently represented a coalition of Illinois business trade associations in challenging the efforts of other Great Lakes states to obtain an injunction to force the U.S. Army Corps of Engineers to close the Chicago locks as a means to halt the migration of Asian carp into the Great Lakes.

Case Study

Environmental victory in North Carolina Supreme Court

In a seminal decision affecting future development throughout all of western North Carolina, the North Carolina Supreme Court ruled that permanent development can take place immediately adjacent to waters classified as trout streams. McGuireWoods argued the case on behalf of Mountain Air Development, which had proposed to expand its golf course community in Burnsville. Interpreting the trout water variance provision of the state's sedimentation statute for the first time, the Supreme Court ruled that permanent development in such areas was permissible, provided the sedimentation effects were temporary and minimal. The decision reversed a Court of Appeals decision that had virtually stopped all development in the North Carolina mountains.

Representative Matter

City utility department

Represented City’s utility department in defending challenge by State of South Carolina to discharge permits for wastewater treatment plants. Resulted in precedent-setting multi-state settlement for phosphorous discharges.
Representative Matter

Specialty chemical company

Assisted client in developing and implementing corporate-wide environmental compliance system.
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Neal J Cabral Neal J. Cabral
Senior Counsel
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1727
F: +1 202 828 2968
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Stacia A Christman Stacia A. Christman
Counsel
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7938
F: +1 412 667 7950
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David Evans David E. Evans
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4317
F: +1 804 698 2049
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Dana P Palmer Dana P. Palmer
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3445
F: +1 310 956 3121
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Amanda Kitchen Short Amanda Kitchen Short
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2359
F: +1 704 444 8861
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Daniel K Slone Daniel K. Slone
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1041
F: +1 804 698 2175
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Legal Alert

Environment 2013: Water Issues

January 22, 2013
Results 1-2 of 2