Katharine E. Wagner

Experience

Representation of industrial and local agency clients before California Regional Water Quality Control Boards in connection with wastewater (including stormwater) 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.

Defense of enforcement actions by USEPA, California Department of Toxic Substances Control and Counties under hazardous waste control laws and other laws regulating the handling of hazardous materials, and related compliance advice.

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).

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

Defense of air quality law and permit enforcement actions and representation in variance and permitting proceedings before local air quality management districts and California Air Resources Board.

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 advice; examples range from 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.

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

Representation of California State Association of Counties as Amicus in NRDC, et al v. County of Los Angeles, et al, 9^th Circuit, 2011 (Case No. 10-56017).

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 for the Eastern District of California.

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

Downey Brand LLP, Environmental Law Practice Group, Past Chair

Copyright 2012 Downey Brand LLP. All rights reserved.
Unauthorized reproduction or copying of any content is prohibited.

[Privacy Policy and Disclaimer]