Experience
Wastewater and Stormwater Discharge Permits
Michael represents industrial, municipal, and other clients on all aspects of NPDES wastewater and stormwater discharge permits under the Clean Water Act (CWA), indirect discharge permits to publicly owned treatment works (POTWs), and underground injection control (UIC) permits. This work includes negotiating permit terms, defending and challenging agency permit decisions, providing compliance advice, and defending against agency and citizen enforcement actions. A representative selection of recent matters includes:
- Negotiating the terms of NPDES and indirect discharge permits for industrial and municipal facilities, including thermal and hydroelectric power plants, publicly owned treatment works, wood products facilities, chemical manufacturers, pulp and paper mills, steel mills, nonferrous metals manufacturing facilities, and municipal stormwater systems.
- Defending administrative and judicial challenges by nongovernmental organizations to the provisions of NPDES permits issued to an oil refinery and a nonferrous metal manufacturing facility.
- Negotiating settlements of agency administrative enforcement actions against a variety of facilities, including municipal water treatment plants, wood preserving facilities, construction sites, metals manufacturing facilities, and shipyards.
- Defending or negotiating settlements of CWA citizen suits against hydropower facilities and wood products, recycling, and equipment manufacturing facilities.
Development of General NPDES Permits, Water Quality Standards, and Other Water Quality Regulations
Michael has represented coalitions and individual industrial and utility clients in developing, negotiating, and litigating general NPDES permits, water quality standards, and other water quality regulations and guidance in the Pacific Northwest. In these efforts, Michael often serves as the industrial representative on agency advisory committees for the development of water quality standards and general discharge permits. Recent matters include:
- Developing and negotiating Oregon general industrial stormwater permits.
- Litigation challenging EPA approvals of Oregon temperature and mercury total maximum daily loads (TMDLs) and Washington water quality standards.
- Developing and negotiating Washington water quality standards revisions based on use attainability analyses.
- Challenging an Oregon temperature TMDL.
- Developing and negotiating Oregon water quality criteria and implementing regulations for toxic pollutants.
- Challenging agency guidance and settlement agreement provisions related to compliance schedules for water quality-based effluent limits in NPDES permits.
- Commenting on proposed listings of water quality limited waterbodies pursuant to CWA subsection 303(d).
- Drafting comments for a national trade association on EPA’s CWA section 401 rule.
Section 401 Certifications for the Relicensing of Federally Licensed Hydropower Facilities
Much of Michael’s practice is devoted to helping hydropower facilities obtain section 401 certifications in conjunction with the relicensing of the facilities by the Federal Energy Regulatory Commission (FERC). This includes strategic advice regarding information needs, negotiating information demands by certifying agencies, negotiating certification conditions, and addressing related matters, such as TMDL allocations, water quality criteria revisions and variances, and the application of state law to federally licensed facilities. In relicensing proceedings involving a negotiated settlement, this work includes negotiating settlement terms to integrate the certification into the broader settlement agreement. Representative certifications, including pending certifications, include:
- Certification of a multi-facility hydroelectric project in Oregon as part of a negotiated FERC relicensing proceeding.
- Certification of the interim operation and ultimate removal of a hydroelectric facility in Oregon as part of a negotiated FERC relicensing proceeding.
- Certification of a multi-facility hydroelectric project in Washington as part of a negotiated FERC relicensing proceeding.
- Certification of the removal of a hydroelectric facility in Washington pursuant to a negotiated settlement.
- Certification of a multi-facility hydroelectric project in Oregon.
- Pending certification of a multi-facility, multi-state hydroelectric project in the Pacific Northwest.
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