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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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"Climate Summit Signals Future Directions for U.S. and Global Policy Efforts," (April 30, 2021). Contacts: Amanda Shafer Berman, Robert Holleyman, Thomas A. Lorenzen, Joshua Boswell, Himamauli Das
Client Alert/Newsletter
"Environmental Investigations," Investigations: Readiness and Response Webinar Series (April 30, 2021). Presenters: Michael Boucher, Derek A. Hahn, Byron R. Brown, and Paul Freeman.
Speech/Presentation
"Using All the Tools in the Toolbox: An Early Assessment of Reregulation and the Biden Administration," ABA 50th Spring Conference on Environmental Law (April 27, 2021). Panelist: Thomas A. Lorenzen.
Speech/Presentation
"Regulatory Challenges Facing Pesticide Devices," Crowell & Moring Webinar (April 8, 2021). Presenters: Warren Lehrenbaum and Amy Symonds.
Speech/Presentation
"What to Expect in New Regulations and General Enforcement Trends under Biden Administration," 2021 Occupational Safety and Health Law Committee Midwinter Meeting (March 23, 2021). Presenter: Daniel W. Wolff.
Speech/Presentation
"Confirmation of Haaland as Secretary of the Interior Highlights Potential Reach of Biden Administration’s "All-of-Government" Pursuit of Environmental and Climate Justice Objectives," Environment & Natural Resources Law Alert (March 16, 2021). Contacts: Daniel W. Wolff, Byron R. Brown, Paul Freeman, Monty Cooper, Eryn Howington
Client Alert/Newsletter
"SEC Enforcement Warms Up: Commission Creates Climate and ESG Task Force," Environment & Natural Resources Law Alert (March 5, 2021). Contacts: Daniel L. Zelenko, Jeff Severson, Rebecca Lennon Baskin, Elizabeth B. Dawson, Leland P. Frost, Monty Cooper
Client Alert/Newsletter
"Proposed Climate Bill Would Advance Biden Administration’s Focus on Environmental Justice," Environment & Natural Resources Law Alert (March 4, 2021). Contacts: Byron R. Brown, Paul Freeman, Eryn Howington
Client Alert/Newsletter
"A New Day for EJ: Environmental Justice with an ESG Twist," Crowell & Moring Webinar (March 4, 2021). Presenters: Paul Freeman, Elizabeth B. Dawson, and Eryn Howington.
Speech/Presentation
"1,4-Dioxane – What Now?" Household & Commercial Products Association (HCPA) Webinar (March 3, 2021). Presenter: Michael Boucher.
Speech/Presentation

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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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