Oertel Fernandez Bryant & Atkinson PA presents on National Stormwater Regulatory Practice
By: David A. Melito, J.D.
On September 16th Oertel Fernandez Bryant & Atkinson attorneys participated as faculty members for a National Business Initiative sponsored continuing legal education (CLE) seminar, “Stormwater Runoff Law and Disputes A-Z.”
Senior Partner Timothy Atkinson presented the introductory portion of the seminar giving a comprehensive overview detailing the manner in which stormwaters and surface waters are regulated including an overview of the national statutory scheme, a history of the Clean Water Act and its major amendments, recent developments in the ongoing regulatory dispute concerning how to define “Waters of the United States,” and a deep dive into the particulars of the National Pollutant Discharge Elimination System and its applicability to industrial runoff and municipal stormwater management systems.
Later in the day, Associate Austin Gasiorek walked attendees through the potential causes of action a property owner may have in the event stormwater runoff from an adjacent property causes damage to their land or structures. He explained the initial questions an attorney should ask when a client presents a potential claim and how the answers should be applied to potential litigation for trespass or inverse condemnation. He also explained effective evidence and discovery strategies, covered the importance of retaining experienced and competent experts in any stormwater damage litigation, and shared tips for designing productive settlement and negotiation techniques.
Other topics of the day included required application materials for the NPDES permitting process and the steps that must be taken to obtain such a permit, an elucidation of Best Management Practices, and the extent and amount of damages one may be liable for in the event they are responsible for detrimental or illegal stormwater discharges.
Oertel, Fernandez, Bryant & Atkinson has extensive experience with issues stemming from stormwater and surface water discharges and is available to serve these or any other environmental or land use needs you may have. Please call our office to schedule a consultation or for additional information.
Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Oertel, Fernandez, Bryant & Atkinson PA representative or other competent legal counsel.