Melissa A. Thorme

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Environmental, Water Quality, Environmental Litigation, Administrative Law

Admitted to Practice in:

California

Melissa Thorme's complex administrative and litigation practice revolves around one of California's most precious resources--water. Few attorneys share her in-depth knowledge and experience in the area of water quality regulation and litigation. She has litigated major water quality cases in state and federal courts, including arguing a rare case taken up by the California Supreme Court, which reaffirmed the requirement to consider economics when the state government goes above and beyond federal requirements contained in the decades old Clean Water Act. She also regularly appears in front of regional water quality control boards around the state and before the State Water Resources Control Board on issues related to water quality policy and the regulation of wastewater, stormwater, and recycled water. An article in Sacramento Lawyer magazine touted her practice as providing “leadership, valuable contribution, and insight into this constantly evolving area of law.” She also has successfully defended numerous clients in administrative and criminal enforcement actions, as well as in citizen enforcement actions, and has reached many favorable settlement agreements with environmental protection agencies and citizens groups.

Melissa represents municipal entities all over the state, from San Diego to Humboldt counties. She provides valuable compliance assistance and works with her municipal and industrial clients to develop cost-effective methods for complying with today's ever tightening water quality regulatory regime.

Melissa has received the highest peer rating, “AV”, from Martindale Hubbell and was also designated on the inaugural 2011 Bar Register of Preeminent Women Lawyers. She has served as chair of the Clean Water Subcommittee for the Association of California Water Agencies (ACWA) and serves as an active member of the Attorney's Committee of the California Association of Sanitation Agencies (CASA). Early in her career, Melissa served as an Environmental Law Fellow and Co-Director of the Tulane Environmental Law Clinic and attended the Human Rights Subcommittee of the United Nations in Geneva, Switzerland, to support arguments for establishing an international human right to environmental protection. Her experience and extensive science background make Melissa uniquely qualified to see all sides of a matter and to formulate unique solutions to successfully resolve client matters while simultaneously improving the environment.

Experience

Specialized expertise in water quality based on a solid science background, which provides a unique understanding of chemical, biological, and ecological ramifications of water quality policies and regulation.

Negotiated scores of legal and achievable NPDES permits for municipal and industrial storm water and wastewater discharges throughout California, as well as Section 404 permits and waste discharge requirements for dredging projects.

Administratively and judicially challenged numerous NPDES permits for publicly owned treatment plants and municipal separate storm sewer systems where reasonable permits could not be negotiated.

Extensive State court experience including writ practice in Superior Courts and substantial appellate advocacy experience briefing and arguing cases before California Appellate Courts and the California Supreme Court as counsel to parties and amicus curiae.

Substantial Federal court experience, including discovery and taking and defending against fact and expert witness depositions.

Defended and settled NPDES permit appeals, proposed enforcement actions related to water quality, and citizen suits filed under the Clean Water Act against municipal and industrial clients.

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

Commented on or negotiated the terms of several Total Maximum Daily Loads (TMDLs), including for chloride, trash, nitrogen, bacteria, mercury, and pesticides, and Site Specific Objectives (SSOs), including for copper, nickel, and cyanide.

Successfully litigated California Environmental Quality Act (CEQA) cases, including one in federal court.

General
Downey Brand LLP, Former Executive Committee Member

Former Director of Regulatory Affairs for the California Association of Sanitation Agencies (CASA).

Former Environmental Law Fellow/Co-Director, Tulane Environmental Law Clinic.

Author of several federal and state bills and resolutions, and published novelist.

MEMBERSHIPS

State Bar of California, Environmental Law Section, Member

U.S. Supreme Court, Ninth Circuit Court of Appeals, and Federal District Courts for the Eastern, Northern, Southern and Central Districts of California, and all California State Courts, Admitted to Practice

American Bar Association, Natural Resources and Local Government Sections, Member; Panelist

California Association of Sanitation Agencies (CASA), Attorneys Committee, Member

Association of California Water Agencies (ACWA), Clean Water Sub-Committee and TMDL Workgroup, Former Chair

Sacramento River Toxic Pollutant Control Program Subcommittees, Former Facilitator

Riparian Improvement Organization (RIO), Former President

California Department of Real Estate, Salespersons License Holder

California Stormwater Quality Association (CASQA), Member

Groundwater Resources Association (GRA), Member

EDUCATION

Tulane University School of Law, (LL.M. in Energy and Environment; Graduated with Distinction, 1992)
University of California, King Hall School of Law, Davis (J.D. 1990)
University of California, Davis (M.S., Ecology, 1988)
California Polytechnic State University (B.S., Environmental Biology, 1985)

PUBLICATIONS

League of California Cities, Municipal Law Handbook, 2006, Reviewer

ABA Publication, “The Clean Water Act Handbook, 2d Ed.,” 2003, Reviewer

Environmental Law Reporter , “Antibacksliding: Understanding One of the Most Misunderstood Provisions of the Clean Water Act,” March 2001, Author

American Bar Association's Environmental Law Guidebook for Local Governments, chapter on Clean Water Act (non-wetlands), 2000, Author

13 Tulane Environmental Law Journal 71, "Clean Water Act Section 305(b): A Potential Vehicle for Incorporating Economics into the TMDL and Water Quality Standards-Setting Processes," Winter 1999, Author

WE&T, Legal Perspective, “The Hidden Dangers of the Innovative and Alternative Grants Program,” April 1998, Author

Vol. IV, WEFTEC 1994, 445, “Real World Ramifications of Adopting the Great Lakes Water Quality Guidance as National Policy: A San Francisco Bay Case Study,” October 1994, Co-Author

5 Tulane Environmental Law Journal 101, “Local to Global: Citizen's Legal Rights and Remedies Relating to Toxic Waste Dumps,” December 1991, (winner of the 1991 Roscoe Hogan Environmental Law Essay contest), Author

19 Denver Journal of International Law & Policy 301, “Establishing Environment as a Human Right,” Winter 1991, Author

13 Environs 29, “ Central Valley Water Allocations; The Wildlife Perspective,” April 1989, Author

PRESENTATIONS

ABA Environment, Energy, and Resources Law Summit, Panelist on "Is It Really Toxic" Panel on Whole Effluent Toxicity (WET) Regulation, Indianapolis, IN (October 2011), Presenter

CASA Annual Conference, "Fighting Back: Defending a Citizen Lawsuit," San Diego (Aug. 2011), Presenter

Central Valley Clean Water Association (CVCWA), "Legal Perspective: Permitting Developments and Recent Court Decisions," Sacramento (May 2011), Presenter

California Stormwater Quality Association (CASQA) 6th Annual Conference, “Understanding Antibacksliding and Antidegradation,” 2010, Presenter

Contra Costa County City Attorneys' Association Membership Luncheon, “Sewer Overflows, Storm Water and Citizen Suits: Things You Need to Know,” 2010, Presenter

Nevada Water Laws and Regulations, “Horror Stories from Further West: Clean Water Act Compliance Issues,” 2010, Presenter

CASA Conference, “Permit Negotiation Tools,” 2006, Presenter

Lorman Education Services, “Stormwater Legal Update,” Folsom, CA, 2005, Presenter

AMSA Legal Affairs Conference, “ Los Angeles Stormwater Permit Case Study,” 2003, Presenter

ACWA Conference, “ Navigating Troubled Waters: Legal Issues Under the Clean Water Act,” 2003, Presenter  

CASA Conference, “Be Afraid, Very Afraid: Current Enforcement Issues,” 2003, Presenter  

Tri-TAC Meeting, “Pollution Prevention (P2) – What's in the Law?,” 2002, Presenter

CASA Conference, “NPDES Permitting,” 2001, Presenter

Tulane University School of Law, Environmental Advocacy class, Former Instructor

AWARDS

Literature for the Environment (LiFE) Award, 2004 and 2010, Winner

Roscoe Hogan Environmental Law Essay Contest, Winner

LEXIS Excellence in Writing Award, Winner