Katharine E. Wagner

Experience

Practice emphasizes environmental law, including regulatory representation in matters involving permitting, compliance, enforcement defense and environmental cleanups, before U.S. EPA, California Department of Toxic Substances Control, California Regional Water Quality Control Boards, California Integrated Waste Management Board, California Energy Commission and local government agencies. Special emphasis on surface and groundwater quality issues. Environmental representation in the development, acquisition, sale and permitting of energy, industrial, commercial and agricultural operations.

Representation of industrial and local agency clients before California Regional Water Quality Control Boards in connection with wastewater permitting, cleanup requirements, waste management and disposal, and related enforcement proceedings.

Pursuit of administrative and writ appeals of wastewater permits issued with inappropriate terms on behalf of industrial and municipal clients.

Representation of landowners, facility operators and past operators and owners in connection with cleanup and abatement orders and corrective action orders for remediation of hazardous materials in soil and groundwater (petroleum hydrocarbons, VOCs, asbestos, metals, wood treatment chemicals, perchlorate).

Defense of Clean Water Act citizen suits filed or threatened in more than ten matters.

Representation of landowners and developers with large grading projects in enforcement and cleanup actions which allege violations of the state-wide construction stormwater general permit and requirements for authorizations for discharges of fill and streambed alteration.

Stormwater permit compliance advice; examples include advice to major construction company to support development of compliance management system, to municipal utility in connection with power plant construction and operation projects, and to ski resort with stormwater discharges from diverse facilities.

Representation of operators of remediation projects in connection with permitting of discharges of treated groundwater from remediation systems, including permit negotiation and appeal and compliance advice.

Representation of water agencies in connection with discharges of agricultural irrigation return flows and stormwater from irrigated lands, and application of aquatic herbicides.

Negotiation of business and real estate agreements involving activities regulated by environmental laws or involving contaminated properties.

Drafted trade association comments on U.S. EPA proposed revisions to TMDL regulations pertaining to total maximum daily loads (TMDLs) and NPDES regulations, and on State Water Resources Control Board proposed revisions to the state-wide general permit for discharge of industrial stormwater.

Representation of owners and operators of landfills in negotiations of lease and sale transactions, and in regulatory advice concerning regulatory requirements, including landfill closure responsibilities.

Lead counsel in securing approvals from California Energy Commission and other agencies for closure of major geothermal energy project.

Counsel to environmental remediation trust formed pursuant to a Consent Decree supervised by the United States District Court, including representation of trustee in regulatory and business matters pertaining to the cleanup and the administration of the trust, the project's compliance with the NCP, and issues arising under the site remediation insurance policy.

Advice to major oil recycling and re-refining firm on hazardous waste regulatory matters, and resolution of claim by Port of Redwood City for response costs at oily waste abandoned by operator, where client was identified as second largest volume generator.

Environmental due diligence and permitting in connection with the development, financing and transfer of energy, real estate projects, and corporate acquisitions.

Special environmental counsel representing bidders in PG&E auctions of generation assets.

Downey Brand LLP, Environmental Law Practice Group, Past Chair

Professional Honors
Listed as Super Lawyer in the area of environmental law for Northern California in San Francisco magazine and Northern California Super Lawyers magazine, based on peer review process conducted by Law & Politics magazine.

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