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Nicole E. GranquistPartner621 Capitol Mall |
Areas of Law:Environmental, Water, Environmental Litigation, Water Quality |
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Admitted to Practice in:California |
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Nicole Granquist is Chair of Downey Brand's Environmental Law Practice Group. She is among an elite group of attorneys whose practice is devoted entirely to water quality regulatory compliance and litigation. Described by clients as a “powerhouse,” who has a “tremendous grasp of the complex scientific, legal, and political issues” involved in California water quality regulation, her tenacious, creative, and pragmatic approach has garnered exceptional results for her statewide municipal and industrial clients. Her approach has also earned respect and credibility with regulatory agency staff and opposing counsel alike. Nicole routinely negotiates NPDES Permits, WDRs, and water reclamation requirements with the State Board and Regional Water Boards for municipal wastewater, industrial process water, and all types of storm water discharges, as well as reclamation projects, and her involvement consistently results in more favorable and reasonable permit provisions. She is also heavily involved in the development of TMDLS and all aspects of Basin Planning, and has positively contributed to and influenced important statewide policies, a recent example involving her testimony that beneficially influenced the terms of the State Board's compliance schedule policy. When unsatisfactory permits or enforcement actions (ACLs) are issued or undertaken by the State and Regional Boards, and all other avenues for conflict resolution have been exhausted, Nicole prosecutes administrative and judicial appeals before the State Board and all state courts. In doing so, she successfully invalidates or refines the interpretation of particularly problematic provisions, and reduces or completely eliminates the severity of penalties and excessive or unnecessary compliance requirements. Given Nicole's extensive knowledge of the complex regulatory schemes created by the federal Clean Water Act and California Porter-Cologne Water Quality Control Act, she is frequently retained to defend public and private entities against third-party citizen suits filed by Baykeeper, NRDC, California Sportfishing Protection Alliance, Northern California River Watch, and other similar groups in federal court, and she has successfully litigated or resolved over twenty-five such cases in the last ten years involving wastewater and storm water discharges. To keep abreast of state and national developments in water quality regulation and litigation, Nicole serves on the Legal Affairs Committee of the National Association of Clean Water Agencies, and is an active member of the California Storm Water Quality Association and California Association of Sanitation Agencies. Nicole received her law degree from the University of Oregon School of Law, where she completed the University's rigorous Environmental and Natural Resources Law Program with high distinction. She earned a Bachelor of Arts degree in Political Science, magna cum laude, from the University of California, San Diego. EXPERIENCEWastewater 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
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. MEMBERSHIPSCentral Valley Clean Water Assocation, Member 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 EDUCATIONUniversity
of Oregon, School of Law (J.D., 1998) PUBLICATIONSABA 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 PRESENTATIONSCalifornia Association of Sanitation Agencies, Calculation of Economic Benefit in Agency Enforcement Actions, "Money You Never Knew You Had," 2010, Speaker 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 |
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