Nicole E. Granquist

Nicole Granquist is among a select group of attorneys in California who specializes exclusively in water quality regulatory compliance, enforcement defense, and litigation. Described by clients as a “powerhouse” who has a “tremendous grasp of the complex scientific, legal, and political issues” involved in California water quality regulation and litigation, Nicole’s tenacity, creativity, and pragmatic approach have consistently delivered exceptional results for her statewide municipal and industrial clients, earning her respect and credibility with both regulators and opposing counsel.

Nicole routinely negotiates NPDES Permits, waste discharge requirements (WDRs), and water reclamation requirements with the state board and regional water boards for municipal wastewater, industrial process water, and all types of stormwater discharges, as well as reclamation projects. Her involvement in these matters consistently results in more favorable and reasonable permit provisions. She also is deeply involved in the development of Total Maximum Daily Loads (TMDLs) and all aspects of Basin Planning and has positively contributed to and influenced important statewide policies. A recent example involves Nicole’s testimony before the California State Water Resources Control Board (SWRCB), which beneficially influenced the terms of the SWRCB’s compliance schedule policy.

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Education

University of Oregon School of Law, J.D., 1998

University of California at San Diego, B.A., 1995, magna cum laude

Admissions

California

• Represented California’s largest sanitation district located in Southern California in various matters before the regional and state water boards pertaining to regulatory compliance, permitting, basin planning, TMDLs, enforcement, and water quality policies. Nicole also assisted with legislative matters, successfully passing several statutes benefiting the sanitation district.
• Represented one of North America’s largest construction materials companies at several facilities in California, assisting with regulatory compliance, agency enforcement, and third-party citizen suits filed under the CWA. One facility was under high profile and immense regulatory and community scrutiny, faced enforcement by federal and state regulators and received a CWA citizen suit. Nicole fashioned a comprehensive compliance and enforcement strategy, and due to its implementation, the regulatory issues are being resolved, enforcement exposure has been significantly minimized, and the third-party lawsuit was settled for actions the company already planned to implement.
• Represented Central Valley municipality on the brink of bankruptcy due to third-party citizen suit and regulatory compliance pressures; successfully resolved the water quality issues and mitigated financial strains. South Placer County city initially retained Nicole to handle a third-party citizen suit filed under the CWA, which was ultimately settled. Due to various circumstances and challenging economic issues, the city found itself in an extended controversy over the implementation of settlement terms, including infrastructure improvements and operational changes. Nicole was instrumental in continuing to defend the city in federal court post-settlement and, after several years of controversial battles, convinced the Magistrate to issue reasonable requirements, which were fully implemented. Nicole also assisted with negotiating the city’s NPDES permits and related orders that allowed feasible implementation of activities, regularly appearing before the Central Valley Regional Water Board to ensure the town received fair treatment. A city once facing bankruptcy is no longer contemplating such drastic measures and is compliant with regulatory requirements.
• Successfully defended a forest products company against a state enforcement matter involving water and solid waste claims. The state initially administratively sought fines worth millions of dollars; however, the state ultimately abandoned the action due to a series of strategic actions Nicole crafted and implemented. She also successfully negotiated reasonable regulatory requirements for future activities at the facility. Nicole has also defended this company in federal court against claims related to industrial stormwater discharges at several facilities.
• Represented North Coast municipality before the regional and state water boards and Superior Court about compliance with a novel nutrient offset program. When the North Coast Regional Water Board imposed novel and unfounded “no net loading” nutrient requirements on the municipality, it retained Nicole to challenge those requirements. After administrative and judicial challenges were filed, Nicole assisted in the negotiation of a nutrient offset program to settle the dispute. Since then, challenges have arisen regarding the imposition and implementation of the nutrient offset program, and Nicole has worked diligently to secure reasonable regulatory requirements and pursue alternative relief.
• Represented Central Valley municipality to navigate regulatory and litigation-related issues in connection with a regional recycled water project, routinely assisting with regulatory, agency enforcement, and third-party citizen suit issues related to the city's collection system, wastewater treatment plant, and discharge infrastructure. Nicole worked on the city's behalf to navigate the regulatory issues involved with a ground-breaking regional recycled water project that could revolutionize how recycled water is used in water-starved agricultural areas.
• Represented a variety of public agencies and industries in defense of third-party citizen suits filed by Baykeeper, California Sportfishing Protection Alliance, California River Watch, and others for alleged violation of the CWA or the General Industrial Stormwater NPDES Permit for stormwater discharges associated with industrial activity. Nicole has successfully handled many of these cases on behalf of public agencies and private industry. She is highly familiar with the groups who sue and their counsel, as well as the type of relief sought and the tactics used. She assisted with identifying whether the third-party action can be defeated by actions taken before the 60-day notice period expires, whether any legal defenses exist to thwart the claim, or whether settlement discussions may be warranted. Nicole is well-versed in the regulatory requirements and can provide counsel on compliance issues and assist with implementing regulatory activities.
• Successfully represented Northern California municipalities receiving third-party citizen suit actions or administrative orders for alleged violations of the CWA, a facility-specific NPDES Permit, and/or the SSO WDR for sanitary sewer overflows (SSOs) or single-spill events. Nicole is adept at reasonably resolving such matters and providing prospective guidance to achieve and maintain compliance. By participating in developing policies and permits addressing SSOs, Nicole has unique insight into the legal requirements and practical implementation issues involved in these matters.

Wastewater and Industrial Process Water Permitting

• Successfully negotiate appropriate terms of individual and general NPDES permits and WDRs with regional water board staff and legal counsel.
• Provide detailed legal comments to regional and state water boards on individual and general federal CWA NPDES permits and WDRs for wastewater and industrial process water discharges from publicly owned treatment works and industrial facilities.
• Work collaboratively with engineering and other water quality-related consultants to provide technical comments to NPDES permits and WDRs for wastewater and industrial process water discharges.
• Appear before California regional water boards and the state water board in public hearings related to permit adoption.
• Counsel public agencies and industry regarding method and manner of compliance with NPDES permits, WDRs, and associated monitoring and reporting programs.

Municipal, Industrial, and Construction Stormwater Permitting

• Provide detailed technical and legal comments to regional and state water boards on individual and general NPDES permits for municipal, industrial, and construction-related stormwater discharges.
• Successfully negotiate appropriate terms of individual and general NPDES permits for municipal, industrial, and construction-related stormwater discharges with regional and state water board staff and legal counsel.
• Appear before California regional water boards and the state water board in public hearings related to permit adoption.
• Counsel public agencies and private parties regarding methods and manner of compliance with the state water boards' general NPDES permits for municipal, industrial, and construction stormwater discharges.
• Secured favorable decision from the San Francisco County Superior Court in case involving third-party challenge to two municipal stormwater permits.

Reclamation Projects/Beneficial Reuse of Recycled Water

• Successfully negotiate appropriate terms of Master Reclamation Permits and Water Reclamation Requirements with regional water board staff and legal counsel.
• Assist with reclamation project planning, including evaluation of site location and appropriate beneficial reuse of recycled water.
• Provide detailed comments to regional and state water boards on appropriate requirements to include in Master Reclamation Permits, Water Reclamation Requirements, and General Permits.
• Appeared before San Diego, Los Angeles, Lahontan, and Central Valley Regional Water Boards in public hearings on adopting Master Reclamation Permits and Water Reclamation Requirements.
• Work collaboratively with regional and state water boards' staff regarding reclamation/recycled water policies to encourage the beneficial reuse of recycled water in California.
• Counsel public agencies regarding method and manner of compliance with recycled water requirements.

303(d) Listings/TMDLs/Basin Planning

• Provide detailed comments to regional and state water boards on behalf of public agencies and private parties concerning listing of water bodies on the state's 303(d) list of impaired water bodies.
• Represent public agencies in stakeholder-led preparation of TMDLs.
• Provide detailed comments to regional and state water boards on behalf of public agencies and private parties in California in connection with the preparation and issuance of TMDLs.
• Appear before California regional water boards and the state water board in public hearings related to 303(d) listings and TMDL adoption.
• Provide detailed comments to regional and state water boards on behalf of public agencies and private parties in California concerning Basin Plan amendments and associated triennial review processes. Negotiate and draft Basin Plan amendments.
• Counsel public agencies regarding method and manner of compliance with TMDLs and Basin Plan provisions.

Enforcement Orders

• Successfully negotiate appropriate terms of administrative enforcement orders, including Time Schedule Orders, Cease and Desist Orders, Cleanup and Abatement Orders, and Administrative Civil Liability Complaints (discretionary and mandatory minimum penalties), with regional water board staff and legal counsel on behalf of public agencies and private parties.
• Provide detailed legal comments to regional and state water boards regarding appropriate terms of administrative enforcement orders.
• Appear before California regional water boards and the state water board in public hearings challenging the issuance of administrative enforcement orders.

Administrative Appeals

• Lead litigation counsel involved in numerous administrative appeals of NPDES permits, WDRs, reclamation requirements, and enforcement orders before the State Water Resources Control Board.
• Secured favorable decisions from the State Water Resources Control Board regarding various permitting issues involving calculating effluent limitations, compliance schedules, anti-backsliding, and receiving water provisions.

Judicial Challenges to Permits and Enforcement Orders

• Lead litigation counsel in multiple judicial appeals of NPDES permits, WDRs, and enforcement orders before all California courts.
• Secured favorable decision from the California Supreme Court regarding the regional board's duty to consider economics when imposing discharge limitations in NPDES permits.
• Draft amicus briefs to California Court of Appeal on behalf of Bay Area trade association in Communities for a Better Environment v. State Water Resources Control Board, et al.

Judicial Challenges to TMDLs and Basin Plan Provisions

• Lead litigation counsel involved in judicial appeals of TMDLs and Basin Plan provisions involving water quality objectives, implementation plans, and compliance schedules.

Defense of Third-Party Citizen Suits Filed Under the CWA

• Represent public agencies and private parties in defense of third-party citizen suits filed in federal court under the CWA involving alleged violation of the Act and/or NPDES permits for wastewater and industrial process water discharges, including sanitary sewer overflows.
• Represent industry in defense of third-party citizen suits filed in federal court under the CWA involving industrial stormwater discharges.
• Represent municipalities in defense of third-party citizen suits filed in federal court under the CWA involving municipal stormwater discharges.
• Represent construction/developer interests in defense of third-party citizen suits filed in federal court under the CWA involving construction stormwater discharges.
• Draft amicus brief to 9th Circuit Court of Appeal on behalf of state and national trade associations in Northern California River Watch v. City of Healdsburg

Judicial Challenges to U.S. EPA Action

• Successfully challenged U.S. EPA Region IX's approval of unlawful provisions contained in the Water Quality Control Plan for the Los Angeles Region in federal court.

401 Certification

• Assist with negotiating and securing 401 Certification from the regional water boards and state water board for various infrastructure, restoration, and compliance projects.
• Secure 401 Certification from the state water board for utilities district concerning FERG re-licensing.

CEQA/NEPA

• Advise public agencies and private parties regarding water quality impacts of proposed projects.
• Draft water quality-related provisions of Environmental Impact Reports and Environmental Impact Statements for proposed projects.
• Completed EIR processes without challenge for high-profile expansions of municipal wastewater treatment facilities in the San Francisco Bay Area and Central Valley.

Other Environmental Experience

• Common counsel to a multiparty Trust conducting a multimillion-dollar cleanup of an abandoned used oil recycling facility under the supervision of EPA Region IX.

Insights & Presentations

• “CWA Citizen Suits and 60-Day Notice Letters: Trends in Citizen Suit Enforcement, Affirmative Steps to Avoid Becoming an Enforcement Statistic, and Using Citizen Suit Notice to Strengthen Facility Compliance,” California Construction and Industrial Material Association’s 2023 Education Conference, November 9, 2023
• “SCOTUS Limits WOTUS: Jurisdictional Waters and Wetlands Under the Clean Water Act Must be Relatively Permanent, Standing, or Continuously Flowing Bodies of Water,” Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 9, June 2023
• “Moving Targets in Muddied Waters: Advising Farmers, Landowners, and Lenders Regarding Waters of the United States,” Western Agricultural and Environmental Law Conference, May 5, 2023
• “Enforcement of the Clean Water Act,” Clean Water Act 2023: Law and Regulation Webcast, April 13, 2023
• “Biden Administration Finalizes Part 1 of New ‘Waters of the United States’ Rule,” California Land Use Law & Policy Reporter, Volume 32, Number 5, February 2023
• “Clean Water Act at 50: What’s Next for California Clean Water Laws?” webinar hosted by California Water Environment Association, October 5, 2022
• “U.S. Supreme Court Grants Certiorari in Sackett, Paving the Way to a Definitive Test for Determining Wetland Waters of the United States Under the Clean Water Act,” California Water Law & Policy Reporter, Volume 32, Number 6, March 2022
• “District Court Vacates Trump ERA Clean Water Act 401 Water Quality Certification Rule—Remands to EPA for Further Proceedings,” California Water Law & Policy Reporter, Volume 32, Number 3, December 2021
• “Navigating the Ever-Changing Environmental Regulatory Landscape Under the Biden Administration: Legal Trends, Impacts, and How to Prepare,” 2021 Mapistry Executive EHS&S Summit, November 9, 2021
• “Water Rights, Policy, Regulation, and the Future under the New Administration,” Argent Communications 35th Annual California Water Law & Policy Virtual Conference, April 19 & 21, 2021
• “U.S EPA Finalizes Guidance on Implementation of U.S. Supreme Court's 'Functional Equivalent' Clean Water Act Test in County of Maui Case,” Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 5, February 2021
• “Clean Water & Wetlands in California,” Law Seminars International—A Comprehensive Update on New Developments, August 27–28, 2020
• “The Legal Impacts & Risks of the U.S. Supreme Court’s Ruling on Groundwater Discharges and the Clean Water Act,” Mapistry’s Environmental, Health and Safety Virtual Summit, August 26, 2020
• “U.S. EPA and the Corps Release Waters of the United States Rule that Closely Adheres to Justice Scalia's Rapanos Opinion—But Due to California's New Wetlands Program, Provides Little Relief to the State Regulated Community,” California Water Law & Policy Reporter, Volume 30, Number 6, March 2020
• “LA River: Competing or Compatible Visions—Stormwater Use and River Restoration,” 28th Annual Environmental Law Conference at Yosemite^®, October 20, 2019
• “U.S. Supreme Court to Weigh in on Decades’ Old Debate As to Whether Discharges of Pollutants to Groundwater Hydrologically Connected to Surface Waters Require a Clean Water Permit,” California Water Law & Policy Reporter, Volume 29, Number 9, June 2019
• “What To Know For The Next Wet Season And Beyond,” Storm Water Awareness Week Webcasts, September 28–29, 2016
• “Environmental Regulation Update,” California Grocers Magazine, December 2013
• “Water Quality Considerations for Water Reuse Projects,” Water Reuse Association, 2011
• “Calculation of Economic Benefit in Agency Enforcement Actions, Money You Never Knew You Had,” California Association of Sanitation Agencies Conference, 2010
• “Current Issues in Stormwater Regulation,” Lorman Education Services, 2005

• Included in The Best Lawyers in America^®(Environmental Law Natural Resources Law, Water Law), 2018–present
• Listed in Sacramento Magazine’sTop Lawyers, 2015–2023
• Listed in Northern California Super Lawyers^® (Environmental, Environmental Litigation), 2023–present
• Clerkship, Superior Court of California, County of Contra Costa, 1997
• Specialized Certificate in Environmental Law, University of Oregon, 1998
• University of California at San Diego, Provost Honor List, 1993–1995

Professional

• California Construction and Industrial Materials Association
• California Association of Sanitation Agencies, Attorneys Committee
• Central Valley Clean Water Association
• National Association of Clean Water Agencies, Legal Affairs Committee
• California Stormwater Quality Association, Member and Counsel
• Bay Planning Coalition
• Environmental Law Institute
• Federal Bar Association, Sacramento Chapter
• Sacramento County Bar Association, Environmental Law Section
• California Lawyers Association, Environmental Law Section