Water

Complex federal, state, regional, and local laws and regulations, such as the Clean Water Act, Safe Drinking Water Act, Oil Pollution Act, and federal and state water programs, govern the use of water. Vinson & Elkins lawyers, many of whom have extensive backgrounds in industry and government, help guide clients through this multifaceted framework. We work with a diverse client base, including landowners, project developers, major industrial and municipal wastewater facilities, agricultural and industrial businesses, water suppliers, energy suppliers, and local governments, whose ability to access, transport, store, use, recycle, and dispose of water is essential to operations. We assist clients with strategic project siting and development, water permitting and compliance counseling, negotiating water quality standards and permit requirements, negotiating water contracts, resolving regulatory enforcement matters and litigation, and participating in legislative initiatives.

Development projects often involve complex legal issues associated with water provisioning and water management, in addition to general environmental planning, wetlands issues, and storm water control. Our practitioners understand the unique needs of developers facing problems related to water permitting, wastewater treatment, storage, transportation and disposal, compliance, administrative proceedings, and litigation. We also help clients acquire water rights and ensure that those rights are incontestable, which is especially important for our clients engaged in hydraulic fracturing in water-sensitive areas.

Our lawyers bring cutting‑edge experience to innovative public‑private partnerships that support critical improvements to aging wastewater and drinking water infrastructure. We serve as counsel to both the public and private sectors in the development, construction, and operation of water treatment facilities, desalination facilities, waste‑to‑energy projects, and recycling projects. We have helped entities confront a challenging array of environmental, regulatory, construction, insurance, and contractual issues in support of such projects. Our team has also counseled on, among other things, public‑private water transfer and marketing arrangements, new water purification technologies, and new methods of water delivery.

We represent clients in all phases of water-related litigation, including contested case hearings; responding to information requests; enforcement actions; judicial review of revised, suspended, and revoked permits; citizen suits alleging permit violations or unpermitted discharges; negotiating settlements and supplemental environmental projects; and related appellate work. We also help clients acquire water rights and strive to make such rights incontestable, which is especially important for our clients engaged in hydraulic fracturing in water-sensitive areas.