Nicole E. Granquist

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Environmental, Water, Environmental Litigation, Water Quality

Admitted to Practice in:

California

PROFESSIONAL BIOGRAPHY

Lead counsel for public agencies and private parties on all aspects of water quality permitting and enforcement under the federal Clean Water Act and California's Porter-Cologne Water Quality Control Act for complex wastewater treatment, recycled water, and storm water infrastructure projects throughout California.

EXPERIENCE

Wastewater and Industrial Process Water Permitting

Successfully negotiate appropriate terms of individual and general NPDES permits and WDRs with Regional Board staff and legal counsel.

Provide detailed legal comments to Regional and State Boards on individual and general federal Clean Water Act NPDES permits and state waste discharge requirements (WDRs) for wastewater and industrial process water discharges from publicly owned treatment works and industrial facilities.

Work collaboratively with engineering and other water quality-related consultants to provide technical comments to NPDES permits and WDRs for wastewater and industrial process water discharges.

Appear before all nine California Regional Water Quality Control Boards and the State Water Resources Control Board in public hearings related to permit adoption.

Counsel public agencies and industry regarding method and manner of compliance with NPDES permits, WDRs, and associated monitoring and reporting programs.

Municipal, Industrial, and Construction Storm Water Permitting

Provide detailed technical and legal comments to Regional and State Boards on individual and general NPDES permits for municipal, industrial, and construction related storm water discharges.

Successfully negotiate appropriate terms of individual and general NPDES permits for municipal, industrial, and construction related storm water discharges with Regional Board staff and legal counsel.

Appear before all nine California Regional Water Quality Control Boards and the State Water Resources Control Board in public hearings related to permit adoption.

Counsel public agencies and private parties regarding methods and manner of compliance with the State Water Resources Control Boards' general NPDES permits for municipal, industrial, and construction storm water discharges.

Secured favorable decision from the San Francisco County Superior Court in case involving third party challenge to two municipal storm water permits.

Reclamation Projects/Beneficial Reuse of Recycled Water

Successfully negotiate appropriate terms of Master Reclamation Permits and Water Reclamation Requirements with Regional Board staff and legal counsel.

Assist with reclamation project planning, including evaluation of site location and appropriate beneficial reuse of recycled water.

Provide detailed comments to Regional Boards on appropriate requirements to include in Master Reclamation Permits and Water Reclamation Requirements.

Appear before San Diego, Los Angeles, Lahontan, and Central Valley Regional Boards in public hearings related to adoption of Master Reclamation Permits and Water Reclamation Requirements.

Work collaboratively with Regional and State Boards' staff regarding reclamation/recycled water policies to encourage the beneficial reuse of recycled water in California.

303(d) Listings/Total Maximum Daily Loads

Provide detailed comments to Regional and State Boards on behalf of public agencies and private parties in connection with listing of water bodies on the State's 303(d) list of impaired water bodies.

Represent public agencies in stakeholder-led preparation of Total Maximum Daily Loads (TMDLs).

Provide detailed comments to Regional and State Boards on behalf of public agencies and private parties California in connection with the preparation and issuance of Total Maximum Daily Loads (TMDLs).

Appear before all nine California Regional Water Quality Control Boards and the State Water Resources Control Board in public hearings related to 303(d) listings and TMDL adoption.

Enforcement Orders

Successfully negotiate appropriate terms of administrative enforcement orders, including Time Schedule Orders, Cease and Desist Orders, Cleanup and Abatement Orders, and Administrative Civil Liability Complaints (discretionary and mandatory minimum penalties), with Regional Board staff and legal counsel on behalf of public agencies and private parties.

Provide detailed legal comments to Regional and State Boards regarding appropriate terms of administrative enforcement orders.

Appear before all nine California Regional Water Quality Control Boards and the State Water Resources Control Board in public hearings challenging the issuance of administrative enforcement orders.

Litigation

• Administrative Appeals

Lead litigation counsel involved in numerous administrative appeals of NPDES permits, WDRs, and enforcement orders before the State Water Resources Control Board.

Secured favorable decisions from the State Water Resources Control Board regarding variety of permitting issues involving calculation of effluent limitations, compliance schedules, anti-backsliding, and receiving water provisions.

• Judicial Challenges to Permits and Enforcement Orders

Lead litigation counsel involved in multiple judicial appeals of NPDES permits, WDRs, and enforcement orders before all California courts.

Secured favorable decision from the California Supreme Court regarding the Regional Board's duty to consider economics when imposing discharge limitations in NPDES permits.

Draft amicus briefs to California Court of Appeal on behalf of Bay Area trade association in Communities for a Better Environment v. State Water Resources Control Board, et al.

• Judicial Challenges to TMDLs and Basin Plan Provisions

Lead litigation counsel involved in judicial appeals of TMDLs and Basin Plan provisions involving water quality objectives, implementation plans, and compliance schedules.

• Defense of Third Party Citizen Suits Filed Under the Clean Water Act

Represent public agencies and private parties in defense of third party citizen suits filed in federal court under the Clean Water Act involving alleged violation of NPDES permits for wastewater and industrial process water discharges.

Represent industry in defense of third party citizen suits filed in federal court under the Clean Water Act involving industrial storm water discharges.

Represent municipalities in defense of third party citizen suits filed in federal court under the Clean Water Act involving municipal storm water discharges.

Represent construction/developer interests in defense of third party citizen suits filed in federal court under the Clean Water Act involving construction storm water discharges.

Draft amicus brief to 9th Circuit Court of Appeal on behalf of state and national trade associations in Northern California River Watch v. City of Healdsburg case.

• Judicial Challenges to U.S. EPA Action

Successfully challenged U.S. EPA Region IX's approval of unlawful provisions contained in the Water Quality Control Plan for the Los Angeles Region in federal court.

401 Certification

Assist with negotiating and securing 401 Certification from the State Water Resources Control Board for infrastructure projects.

Secure 401 Certification from the State Water Resources Control Board for utilities district in connection with FERC re-licensing.

CEQA

Advise public agencies and private parties regarding water quality impacts of proposed projects.

Draft water quality-related provisions of Environmental Impact Reports for proposed projects.

Successfully completed EIR process without challenge for high profile expansion of municipal wastewater treatment facilities in the San Francisco Bay Area.

Other Environmental Experience

Common counsel to a multi-party Trust conducting multi-million dollar cleanup of abandoned used oil recycling facility under the supervision of EPA Region IX.

MEMBERSHIPS

Association of Environmental Professionals, Member

National Association of Clean Water Agencies, Legal Affairs Committee, Member

American Bar Association, Environment, Energy and Resources Section, Member

Federal Bar Association, Sacramento Chapter, Member

State Bar of California , Environmental Law Section, Member

Sacramento County Bar Association, Environmental Law Section, Member

California Stormwater Quality Association, Member

U.S. District Court, Southern, Eastern, Central, and Northern Districts of California, Admitted to Practice

U.S. Court of Appeal, Ninth Circuit, Admitted to Practice

U.S. Federal Court of Claims, Washington D.C., Admitted to Practice

United States Supreme Court, Admitted to Practice

EDUCATION

University of Oregon, School of Law (J.D., 1998)
University of California, San Diego (B.A., 1995)

PUBLICATIONS

ABA Ninth Circuit Environment Reporter, “Ninth Circuit Hears Precedent-Setting Water Quality Case That May Require NPDES Permits For Land Disposal, Reclamation, Irrigation, and Water Supply Projects,” 2004, Author

Sacramento Lawyer, “Treatment of California's Wastewater: Downey Brand's Melissa A. Thorme,” 2003, Author

California Environmental Law and Remediation Reporter, Vol. 8, “What the Sunsetting of the California Superfund Program Means for California's Regulatory Scheme,” January 1999, Co-Author with William H. Koch

PRESENTATIONS

CLE International, Nevada Water Law Seminar, "Recent Developments in Clean Water Act Jurisdiction," 2008, Speaker

National Association of Clean Water Agencies, 2007 Law Seminar, "Settling for More: Managing An Enforcement Action to Your Agency's Benefit," 2007, Speaker

American Water Resources Association, "Emerging Contaminants: The View From California," 2007, Vail, CO, Speaker  

California Water Environment Association, "Navigating Your Way Through the Regulatory Maze - Tips On Obtaining a Permit You Can Live With," 2006, Speaker

Lorman Education Services, “Current Issues in Stormwater Regulation,” 2006, Speaker

Clean Fuels for California and the West: CHP/Bio-Energy for Hospitals, Universities, Landfills, Wastewater Treatment Facilities, and Food and Beverage Sites, 2006, Speaker

Lorman Education Services, “Current Issues in Stormwater Regulation,” 2005, Fresno and Redding, Speaker

California Association of Sanitation Agencies, “Citizen Suits for Sanitary Sewer Overflows: Avoiding Traps for the Unwary That Can Cost Millions,” 2005, Speaker

Association of California Water Agencies, Clean Water Subcommittee Business Meeting, 2004, Speaker

Association of California Water Agencies, “Future Reach of Clean Water Act NPDES Permitting,” 2004, Speaker

Water Law Institute/CLE International, “California Water Law Super Conference,” 2004, Author of Presentation Materials

Association of California Water Agencies, Continuing Legal Education for Water Law Professionals, “How Far Will Clean Water Act NPDES Permitting Reach?,” 2004, Speaker

California Association of Sanitation Agencies, “Water Quality Impacts and Upcoming Changes to Regulation of Self-Regenerating Water softeners,” 2003, Speaker

California Water Environment Association, “Permit Litigation - The Last Resort to Get a Permit You Can Live With,” 2002, Speaker