Helping Clients Manage Our Most Precious Resource
Water is one of our most critical resources. Legal issues related to water come from nearly every area of law: transactional, regulatory and litigation. Thus, our multidisciplinary water law team represents a diverse range of clients, including water utilities, desalination companies, energy companies, financial companies, governmental entities and developers of new solutions for water systems.
Our Potable Reuse/Desalination Practice
Unlike many firms that focus nearly exclusively on environmental issues related to water, we also have a strong focus on water supply and water rights, with special expertise in desalination. In fact, only a handful of lawyers in the U.S. practice in the area of desalination, and we represent one of the largest and most active companies in the world engaged in the design and operation of thermal and reverse osmosis desalination facilities. We are unique in that we have represented both private companies and public entities developing desalination facilities, including the Claude “Bud” Lewis Carlsbad Desalination Plant, the largest desalination facility in the western hemisphere.
We are also one of a few firms in the country with expertise in potable reuse, and one of our attorneys was a legislative appointee to the California State Advisory Panel for Direct Potable Reuse. Being on the cutting edge of this area of law positions us to help you with this next new source of water.
Water and Wastewater Utilities
Our interdisciplinary team includes attorneys and government relations professionals have also spent decades counseling regulated and investor-owned water and wastewater utilities, wastewater treatment companies, municipally owned water and wastewater systems, industrial and commercial water users, wholesale and retail water supply companies, and real estate developers.
We are active in professional organizations related to water law, including associations, task forces and advisory boards such as the National Association of Water Companies, the Legal Affairs Committee of the Association of California Water Agencies, the City of San Diego Task Force for Implementation of a Sustainable Water Supply, the Florida Water Supply Development Committee and the Florida Water Task Force Committee.
When it Comes to Water Issues, We’ve Got You Covered.
Our broad array of transaction-related services to clients in the water and wastewater industries includes:
- Procurement and negotiation.
- Mergers and acquisitions.
- Project due diligence
- Project finance.
- Real estate and land use.
- Renewable Energy Credits and other incentives.
- State and federal tax strategy.
- Venture capital.
- Agreements, including purchase, development, transfer, delivery, treatment, design-build-operate and exchange agreements.
Water, Energy and Technology
The development of gas plays, including the Marcellus and Utica Shales, has called further attention to the intersection of water and energy, leading to new and innovative technologies, management systems and services. We assist clients with capital formation, intellectual property protection, technology commercialization and more.
The water supply and wastewater treatment industries are tightly regulated through complex legal systems that vary by region. The regulation of water is also impacted by the Clean Water Act, the Safe Drinking Water Act, the U.S. Environmental Protection Agency, State Public Utility Commissions and state environmental regulatory agencies, as well as by state constitutions, statutes and case law. Our attorneys are well-versed in the laws and regulations at every level that affect your use of water and can advise you on compliance, responses to inquiries and investigations, and any other regulatory issue you may face.
If water-related disputes – between companies or individuals or with regulatory authorities – result in litigation, our litigators are experienced in managing litigation as it relates to water rights and water usage. We can also defend you against both citizens’ suits and enforcement proceedings.