dcsimg Water

Water

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 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.

Results 1-8 of 8

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Industry associations

Representation of several industry associations and intervened in a federal water quality ordinance litigation. The court ultimately struck down the water regulations (TMDL) on the grounds that the EPA exceeded its statutory authority under the Clean Water Act. In doing so, the court relied on arguments asserted by the firm that were not raised by the state’s Attorney General who was representing the plaintiffs.
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

Water and sewer authority

Defended client's bond issue against procedural and constitutional challenges at trial. Appeals court denied writ of error.
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.
Results 1-8 of 8
Preston Bryant Preston Bryant Jr.
Sr. VP, Infrastructure and Economic Development McGuireWoods Consulting LLC
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1923
F: +1 804 698 2235
vCard
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
vCard
Simon J Cox Simon J. Cox
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1721
F: +44 20 7632 1638
vCard
Holly B. Deshields
VP, State Gov. Relations McGuireWoods Consulting LLC
816 Congress Avenue
Suite 940
Austin, TX 78701-2442

T: +1 512 617 4510
F: +1 512 472 3068
vCard
David Evans David E. Evans
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4317
F: +1 804 698 2049
vCard
M. Melissa Glassman M. Melissa Glassman
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5351
F: +1 703 712 5228
vCard
Ashley H. Harrison Ashley H. Harrison
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1370
F: +1 804 698 2240
vCard
Benne C Hutson Benne C. Hutson
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 704 343 2060
F: +1 704 444 8739
vCard

T:+1 919 755 6615
F: +1 919 755 6699

Steven J Keeler Steven J. Keeler
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 434 977 2512
F: +1 434 980 2259
vCard

T:+1 703 712 5138
F: +1 434 980 2259

Brian J Kelly Brian J. Kelly
Partner
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 410 659 4465
F: +1 410 659 4480
vCard
Kurt J Krueger Kurt J. Krueger
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2521
F: +1 434 980 2261
vCard
John M Lain John M. Lain
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4381
F: +1 804 698 2097
vCard
Douglas E Lamb Douglas E. Lamb
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1107
F: +1 804 698 2272
vCard
Safet Metjahic Safet Metjahic
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 212 548 7034
F: +1 212 715 6287
vCard

T:+1 703 712 5080
F: +1 703 712 5050

Dale Mullen Dale G. Mullen
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4710
F: +1 804 698 2098
vCard
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
vCard
Jonathan P Rak Jonathan P. Rak
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5411
F: +1 703 712 5231
vCard
Bernadette Rappold Bernadette M. Rappold
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1754
F: +1 202 828 3303
vCard
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
vCard
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
vCard
Heather Nixon Stevenson Heather Nixon Stevenson
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1380
F: +1 804 698 2241
vCard
Results 1-4 of 4
Speaking Engagement

EPA Guidance for Diesel Fuel Hydraulic Fracturing: Implications for Fracking Operations and EPA Enforcement

April 17, 2014
Law Seminars International Telebriefing
Speaking Engagement

Hot Topics in Clean Water Law

January 22, 2014
NACWA Web Seminar
Event

Water and Wetlands Update – Winter 2013

December 3, 2013
Richmond, VA
Results 1-4 of 4
Results 1-14 of 14
Legal Alert

Environment 2014: Water Issues

February 24, 2014
Legal Alert

After Delay, EPA Issues Diesel Fracking Guidance

February 13, 2014
Legal Alert

Like Drinking from a Fire Hose

Public and Private Utilities are Left with an Unlikely Hydrant Dilemma

December 4, 2013
Legal Alert

Environment 2013: Water Issues

January 22, 2013
Results 1-14 of 14