Katharine E. Wagner

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Environmental, Water, Mining, Water Quality

Admitted to Practice in:

California

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.

MEMBERSHIPS

California Construction and Industrial Materials Association (CalCIMA), Environment Committee, Member

California Mining Association (now CalCIMA), Water and Waste Subcommittee of the Environment Committee, 2002 - 2006, Water Quality Legal Lead

State Bar of California, Environmental Law Section and Real Property Section, Member; Environmental Subsection of Real Property Section of State Bar, Co-chair for Northern California

Association of California Water Agencies, Clean Water Committee, Member

Sacramento County Bar Association, Environmental Law and Public Law Sections, Member

Groundwater Resources Association of California, Member

National Brownfield Association, California Chapter, Member

California Stormwater Quality Association, Member

North State Building Industry Association, Member

EDUCATION

Georgetown University Law Center (J.D., magna cum laude, 1985 )
Brown University (B.A., cum laude, 1980)

PUBLICATIONS

Real Property Law Journal, “Recent Developments Relating to Pre-Acquisition Environmental Due Diligence,” publication pending, Author

Public Law Journal, “Who'll Stop the Rain? Municipal Stormwater Permitting Developments,” publication pending, Author

California Water Law & Policy Reporter and California Environmental Law & Policy Reporter, “Industrial Stormwater Regulation in California: Setting the Standard,” February 1997, Author

The Daily Recorder, “Development of Contaminated Property: Are you Ready?” May 1996 and Docket, March 1997, Author

The Daily Recorder, “Shareholder Liability under CERCLA,” July 1992, Author

PRESENTATIONS

Lorman Education Services, “Current Issues in Storm Water Regulations in California,” 2006 and 2007, Speaker

Construction Materials Association of California, 2006 Annual Conference, “General Waste Discharge Requirements for Ready Mixed Concrete Facilities,” Speaker

Lorman Education Services, “Phase II Storm Water Regulation and Compliance in California,” 2005, Speaker

“How to Achieve a Workable Permit In the Food Processing Industry,” 2005, Speaker

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

Association of California Water Agencies, Fall Conference, “Developments in Water Quality Regulation of Central Valley Agricultural Discharges,” 2003, Speaker

Construction Materials Association of California and California Mining Association seminar, “Wastewater Discharge Permits: How to Get Through the Process,” 2003, Speaker

State Bar of California, Environmental Law Conference at Yosemite, “Roundtable on Recent Developments in Storm Water and NPDES Regulations,” 2002, Moderator

“Negotiating Troubled Waters: Practical Solutions to Address New Enforcement and Permitting Initiatives Relating to Wastewater,” 2000, 2001, Speaker

California Water Law & Policy Conference, “The Confluence of Water Quality Impacts and Water Supply: Emerging Issues,” and “Emerging Issues in Groundwater Quality and Cleanup,” 1998, Speaker

State Bar Real Property Section Annual Retreat, “Development of Contaminated Properties,” 1996, Speaker

Various speeches on transactions involving the development of contaminated property and current developments in environmental law for the Sacramento County Bar, the Sacramento American Corporate Counsel Association, and the University of California, Davis Extension, Speaker

11th Annual West Coast Institute, American Association of Professional Landmen; “Environmental Due Diligence: Representations, Warranties and Indemnities in Acquisitions and Sales of Producing Properties,” (Co-Author of article on this subject published in Landman ), 1994, Speaker

CHARITABLE

Explorit! Science Center (formerly known as Davis Regional Science Center): Past President; Program and Long Range Planning Committee, Former Chair; Executive Committee, Former Member; Board of Trustees, Former Member

Brown University, National Alumni Schools Program, Past Area Chair