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Development activities frequently trigger complex legal issues associated with environmental planning, wetlands areas, and storm water control. Crowell & Moring's water quality practice encompasses administrative and judicial enforcement proceedings, citizen suits, legislative efforts, participation in Environmental Protection Agency (EPA) rulemakings, and judicial challenges to these and other rules. Our practitioners are adept at negotiating National Pollutant Discharge Elimination System (NPDES) permits for operations involving mining, livestock, hazardous waste, steel, and other industries in permit proceedings, as well as defending those permits in subsequent appeals. We advise numerous clients on storm water permitting and wetlands matters, including jurisdictional questions and issues concerning nationwide and individual "dredge and fill" permits under Clean Water Act (CWA) section 404.

Our lawyers provide formal and informal agency advocacy related to major EPA regulations and policies. Examples include impaired waters/Total Maximum Daily Loads (TMDL) regulations, general permit requirements for industrial storm water discharges, and NPDES regulations regarding concentrated animal feeding operations (CAFOs) and pesticide application. We have also advocated favorable EPA and Army Corps of Engineers policies, as well as provided U.S. Supreme Court amicus briefings on the scope of CWA jurisdiction over "navigable waters" and the exemption from dredge and fill permitting for farming, silviculture, and ranching activities.

We litigate against and in defense of EPA regulations such as the Phase II storm water regulations, NPDES rules regarding CAFOs and pesticide application, and general permitting for construction-related storm water discharges. We also defend against administrative and judicial enforcement actions and citizen suits alleging unpermitted discharges or permit violations. Successful outcomes include defending a major municipal wastewater treatment facility operator in a CWA criminal enforcement action, resulting in a deferred prosecution agreement that preserved the company’s government contracting ability. While representing the National Association of Home Builders in litigation brought by environmentalists challenging EPA's general permit for storm water discharges, we successfully moved for dismissal of those claims.

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"Treasury and the IRS Release Final Regulations Regarding Section 45Q Carbon Capture and Sequestration Tax Credit," Tax Alert (January 8, 2021). Contacts: David B. Blair, David J. Fischer, Carina C. Federico
Client Alert/Newsletter
Crowell & Moring Elects Nine New Partners and Promotes 18 to Counsel Positions (Jan.04.2021)
Firm News/Announcement
"Congress Passes Combined COVID-19 Relief and Omnibus Spending Bill," (December 23, 2020). Contacts: Jacinta Alves, A. Xavier Baker, Troy A. Barsky, Peter Eyre, James G. Flood, Glenn D. Grant, Olivia Lynch, S. Starling Marshall, Amy Laderberg O'Sullivan, Paul J. Pollock, Michael E. Samuels, Tim Shadyac
Client Alert/Newsletter
"A New Day in DC: How the Administration May Take Action on Climate, Air, and Water Issues," American Foundry Society (December 17, 2020). Speaker: Amanda Shafer Berman.
"EPA Update: Transition to Biden Administration," Joint Meeting of Diesel Technology Forum and Engine Manufacturers Association (December 16, 2020). Speaker: Robert Meyers.
"Climate 2021: Preparing for the Legal, Regulatory, Policy and Shareholder Challenges Ahead," Crowell & Moring and Crowell & Moring International Webinar (December 9, 2020). Moderator: Ambassador Robert Holleyman; Panelists: David B. Blair, Thomas A. Lorenzen, Amanda Shafer Berman, Himamauli Das, and Joshua Boswell.
"WOTUS: Clarity and Predictability at Last or Just Another Swing of the Pendulum?" Environmental Business Council of New England (EBC) Water Resources Webinar (December 8, 2020). Presenter: David Chung.
"Climate Change at the Top of the Agenda: Five Things Financial Analysts Need to Watch in 2021," Environment & Natural Resources Law Alert (December 4, 2020). Contacts: Himamauli Das, Ryan MacFarlane, Joshua Boswell, Shelley Su, Thomas A. Lorenzen, Amanda Shafer Berman
Client Alert/Newsletter
"Northern Plains Resource Council v. U.S. Army Corps and Nationwide Permits," Clean Water Act 2020: Law & Regulation Webcast (December 4, 2020). Presenter: Amanda Shafer Berman.
"Climate and CAA Regulation Under the Biden Administration," Edison Electric Institute Webinar (December 2, 2020). Speaker: Thomas A. Lorenzen.

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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