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Water

Faegre Baker Daniels' water team advises water-related companies, project and financial sponsors, governments and industry service providers in all aspects of their businesses, including in matters involving water quantity and quality. We work with clients both domestic and international, advising on projects in the United States, Canada, South America, the CIS, Africa, Asia and Australia. Members of the team advise on domestic water matters associated with private, city, state, federal and Indian lands.

Water Supply, Real Estate, Commercial & Financing Transactions

Experienced in water supply acquisition and development projects, the firm's water team handles various commercial and financial transactions, including:

  • Representing water and sanitation districts and other entities in the condemnation of property for water transmission lines, water storage reservoirs, diversion structures and other facilities
  • Counseling property owners in condemnation cases where water rights valuation or development are at issue
  • Represent clients in international transactions including company who manufactures water filters and other water-related equipment
  • Representing clients in M&A deals in the water industry, both on the utility buy side and the municipality sell side
  • Representing utilities, energy companies and municipalities on tax matters, including property tax appeals and other state and local tax matters
  • Advising clients on water purchase agreements, water treatment and reservoir development projects
  • Representing clients with regard to water supply development and defense, including in Colorado water courts and regarding water use permits issued by the Minnesota Department of Natural Resources

Construction

Professionals on our construction practice have advised on projects for water-industry clients, including:

  • Developing design-build procurement contract documents and training programs for private utility water/waste-water divisions
  • Representing EPC and design-build firms in local government procurement matters pertaining to project delivery methods for water projects
  • Representing a municipality in a dispute involving the design and installation of a water membrane filtration system at a $50 million drinking water plant

Environmental

We help clients navigate federal and state environmental review and permitting processes, and represent water enterprises at agency hearings and federal and state courts. Experience includes:

  • Advising on permitting and enforcement matters under the federal Clean Water Act and state water quality and conservation statutes and regulations, including NDPES, dredge-and-fill, and local watershed permitting
  • Advising on mine permitting and environmental review, including water quality matters, water rights and reclamation permitting, for mining industry clients
  • Representing a city concerning water control, environmental impacts, and local, state, and federal jurisdictional issues related to the natural expansion of a lake adjacent the city
  • Assisting clients to navigate federal and state environmental review and permitting processes, and representing water enterprises in agency hearings and federal and state courts on environmental matters
  • Advising on federal public lands issues, including natural resources development on public lands in the western United States
  • Assisting tribal and non-tribal clients with resources development on or relating to Indian land
  • Negotiating with the Army Corps of Engineers and the Environmental Protection Agency (EPA) regarding dredge/fill permits with significant water implications

Public Policy & Government Advocacy

We are a leading advocate at the federal and state levels in venues where our clients operate. Our public policy expertise includes:

  • Appearing before both houses of Congress and numerous federal agencies, including the EPA, the Department of the Interior and the Department of Energy
  • Advising clients on implications of EPA regulations impacting water use and distribution, including Clean Water Act

Intellectual Property

Clients rely on our patent, trademark, copyright and trade secret attorneys for protecting and enforcing their various water-related IP rights and avoiding the IP rights of third parties. Water-related technologies and products we have experience with include:

  • Fluid delivery devices, including pumps, valves and faucets
  • Fluid/water flow technologies used in the firefighting industry
  • Water conditioning systems for residential, commercial and industrial applications, including drinking water, cooling tower treatments and membrane systems
  • Concentrated cleaning compositions that are mixed with water prior to use/application
  • Decontamination systems for breweries and oil rigs
  • Pipeline gaskets, pipe connectors and pipe-to-manhole connectors for underwater pipeline structures such as water supply, sanitary and storm sewers
  • Commercial bathing systems and related water disinfection equipment
  • Wastewater treatment equipment, chemicals and processes
  • Reverse osmosis equipment and processes
  • Water-related software inventions

Litigation

We have a long track-record of litigating claims under federal and state environmental laws, and contract indemnity claims, concerning contaminated groundwater and surface water resources. Examples of more recent cases include representing:

  • Municipality regarding water filtration system failure in new water plant
  • Agribusiness company in a Clean Water Act enforcement case arising out of alleged violations of a NPDS permit for corn processing facility
  • Manufacturer in the first natural damages lawsuit in Minnesota which was brought by the state and seeks damages for injuries due to alleged releases of contaminants to groundwater aquifers and the Mississippi River
  • Multiple clients seeking cleanup of contaminated soil and groundwater

Labor & Employment

  • Represent several chemical manufacturers who develop/make/distribute products used in various water-related applications
  • Provided senior-level employment support for an international company that delivers industry-leading products, services and solutions for the world's diverse needs in water and other fluids, thermal management and equipment protection
  • Counsel public water utilities on compliance and defense matters related to the Occupational Safety and Health Act (OSHA) and state occupational safety and health laws

Insurance

  • Represent clients in cases involving the National Flood Insurance Program and insurance claims (commercial and residential) relating to large-scale flooding and windstorm events

Contact


Olivia D. Lucas, Denver
+1 303 607 3686
William K. Weimer, Minneapolis
+1 612 766 8808
Regina M. Sharrow, Indianapolis, 96th Street
+1 317 569 4604
Lynn M. Kornfeld, Denver
+1 303 607 3697
Larry James Jr., Des Moines
+1 515 447 4731
Charles Stitt, Washington, D.C.
+1 202 312 7405
Patrick M. Miller, Chicago
+1 312 212 6514

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