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Practice/Industry Group Overview
Complex practical and legal issues increasingly surface over the use, ownership, drainage and disposal of water. Changing weather patterns and recent catastrophic storms have underscored the collision between urban redevelopment, suburban expansion, and “sunbelt” or “greenfield” growth and variable parochial drainage philosophies. The result is a growing number of complex claims and lawsuits concerning construction, engineering, drainage, flooding, wetlands destruction, downstream water rights, and water quality. These cases are often complicated by flood plain and storm water management issues, political factors, lack of public financing, governmental immunity defenses and scientific data gaps, as protection of the environment and/or real property compete at the courthouse with land and water use.
Those engaged in commercial and residential real estate development; manufacturing and industrial expansion or modification; management, design engineering and construction face strong risks of criminal and civil litigation. While many governmental units responsible for water management assert sovereign immunity defenses, developers, engineers, builders, manufacturers and other industries are faced with defending themselves in complex litigation against whole neighborhoods of claimants and very costly class action suits.
Gardere’s Water Law Team clientele include manufacturing, chemical and energy companies, engineering companies, commercial businesses, builders, developers, construction companies, and municipal water districts in the Southwest. The team is highly experienced in litigation as well as environmental, construction, real estate, municipal and administrative law. In addition to traditional legal representation, our Austin office assists clients with legislative and regulatory issues and provide client-specific input to appropriate policymakers and consultants on statutory and policy development.
Most Gardere Water Law Team members have additional, practical “hands-on” skills – including undergraduate/advanced degrees and/or experience in engineering, flood plain mapping, geology, risk assessment management, and public finance. One of our team members is a former official with the Environmental Protection Agency, while another is an environmental law professor, water law and environmental ethics scholar, and author.
Experience
Gardere’s Water Law Team routinely represents clients in the following areas where water rights, water management, water quality, drainage and water law are primary issues:
- Administrative Matters
- Audits
- Cease and Desist Orders
- Civil Litigation
- Criminal Allegations, Subpoenas, Indictments, Defense
- Drainage Design and Compliance
- Enforcement Actions
- Environmental Assessments – Phase I, II and III
- Flooding Issues
- Groundwater Contamination
- Mold
- Permits and Licenses
- Property Diminution
- Prospective Purchaser Agreements
- Qui Tam Actions
- Storm Water Management
- Third-Party Claims
- Toxic Substances
- Toxic Torts
- Wastewater Discharges
- Water-Related Insurance
- Water Rights
- Water Quality Issues
- Wetland Banks
- Wetlands
- Whistle-Blower Complaints
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