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

Katharine Wagner is a senior partner in the Environmental Law Practice Group. Her clients, primarily industrial and commercial businesses, landowners and special districts, rely on Katharine to chart the best course through complex and sometimes conflicting regulatory requirements imposed at all levels of government to address water quality, environmental cleanups, waste handling and resource recovery. Her work emphasizes protecting the enterprises that build and support the communities in which they operate. This requires sophistication in both the regulatory and business environments affecting power generation, mining, construction, agriculture and petroleum operations, as well as public and private investments in wastewater and groundwater treatment systems.

Katharine provides enforcement defense serving both immediate goals and long term regulatory objectives of her clients before the California Water Quality Control Boards, California counties and air quality management districts, U.S. EPA, the Department of Toxic Substances Control and the Integrated Waste Management Board. Her work minimizes client liability at cleanup and “brownfield” sites using appropriate diligence to spot areas of exposure, and administrative defense and creative remediation and indemnity agreements to facilitate dispute resolution and transactions.

In the fast-changing world of water quality protection, Katharine negotiates and advocates for workable NPDES and state water quality permits, and regulatory initiatives that allow her clients to participate productively in the water quality planning process. This has included representation in TMDL and Basin Plan proceedings, and the development of general wastewater and storm water permits.

Katharine is an active member of the California Construction and Industrial Materials Association and the Association of California Water Agencies, and is Co-Chair of the Industrial Subcommittee and member of Permitting and Policy Subcommittee of the California Stormwater Quality Association. Her work in the area of environmental law has been recognized as a Super Lawyer for Northern California in San Francisco magazine and Northern California Super Lawyers magazine, based on a peer review process conducted by Law & Politics magazine. Before joining Downey Brand in 1987, Katharine practiced business law at the Palo Alto office of Heller, Ehrman, White & McAuliffe. Katharine graduated from Georgetown University Law Center, magna cum laude, and was an associate editor of the Georgetown Law Journal. Prior to her legal education, she majored in Biology and Environmental Studies at Brown University.

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

MEMBERSHIPS

California Stormwater Quality Association, Industrial Subcommittee, Co-Chair

Policy and Permitting Subcommittee and Construction Subcommittees, Member

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

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

State Bar of California, Environmental Law Section, Member; Environmental Subsection of Real Property Section of State Bar, Co-chair for Northern California (2004 to 2008)

Association of California Water Agencies, Clean Water Committee, Member

Sacramento County Bar Association, Environmental Law Section, Member

Groundwater Resources Association of California, Member

Association of Women in Water, Energy and Environment, Sacramento Leadership Team

EDUCATION

Georgetown University Law Center (J.D., magna cum laude, 1985)

Brown University (B.A., cum laude, 1980)

PUBLICATIONS

Real Property E-Bulletin, State Bar of California Real Property Section, “Bona Fide Prospective Purchaser Defense – Buyers be Careful,” May 2011, Co-Author

Real Estate/ Downey Brand LLP Website, “California's New Stormwater Permit – What's the Fuss About?” Winter 2010, Author

Real Property Law Journal, “Recent Developments Relating to Pre-Acquisition Environmental Due Diligence,” Summer 2005, Author

Public Law Journal, “Who’ll Stop the Rain?  Municipal Stormwater Permitting Developments,” Summer/Fall 2005, Author

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

PRESENTATIONS

California Metals Coalition, “California’s Draft Industrial Stormwater Permit,” May 19, 2011, Speaker

Lorman Education Services, “Current Issues in Storm Water Regulations in California,” “Municipal Stormwater Permitting,” and related topics, 2006 through 2011, Speaker

State Bar of California, Real Property and Environmental Sections, “The Earth Moves in Storm Water Permitting,” April 2010, Speaker

Sacramento County Bar Association, Environmental Section, “Stormwater Permit Updates: Industrial General Permit,” March 2010, Speaker

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

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

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