Kaplan Kirsch & Rockwell brings a depth of knowledge and experience in federal, state and local regulatory programs and policies governing water resources. We advise clients on the full spectrum of water issues, including permitting, project development, regulatory compliance, litigation and enforcement and public policy strategies. Our experience covers high-stakes compliance, enforcement and project development matters.
Our team also advises on a range of water resource projects, including water storage and conveyance, flood control, water banking, exchange programs, water transfers and watershed and habitat restoration.
We work with a range of stakeholders on discharge and stormwater permits under National Pollutant Discharge Elimination System (NPDES) and state permitting programs. We also provide legal and technical guidance on permit and regulatory compliance, as well as enforcement defense against alleged violations of water quality requirements.
The Kaplan Kirsch team has particular expertise with respect to Clean Water Act (CWA) Section 404 and related requirements, which often present unique challenges to critical projects. Our deep experience in Section 404 permitting and litigation matters, combined with our command of related environmental laws such as the National Environmental Policy Act (NEPA) and Endangered Species Act, provides an integrative and strategic approach to Section 404 issues nationwide.
In addition, we counsel public utilities in connection with federal- and state-led groundwater and surface water remediation projects. These projects involve restoration of beneficial uses for drinking water, cost recovery and emerging contaminants such as perchlorate, 1,4-dixoxane, PFAS, hexavalent chromium and 123 trichloropropane.