Public and Private Enforcement of the Industrial General Permit

Date / Time:
Tuesday, Sep 26 2:10pm to 2:40pm
Convention Center Hall D
Track / Session:
Industrial Track / Avoiding the ERA Process and Clean Water Act Citizen Suits

The presentation will survey public and private enforcement actions during the 2015-16 compliance year by type and by region focusing on trends regarding who is bringing the actions, violations alleged and results achieved. Based on this analysis and information collected via surveys of prosecution and defense counsel, the presentation will then consider common strategies and goals of the enforcement actions and attempt to address the following questions:

1. Why do plaintiffs bring enforcement actions?
2. Are there differences in the motives for public versus private enforcement actions?
3. Are there differences in motives for enforcement actions based on the type of permit involved (industrial vs. construction vs. municipal)?
4. Are there identifiable trends in how defendants respond to enforcement actions and if so what are they?
5. Do enforcement actions change defendant behaviors as individuals or as groups?
6. What are the likely future trends in permit enforcement?
7. What strategies are most likely to help permittees avoid becoming litigation targets?

Primary Speaker:
Wayne Rosenbaum, Environmental Law Group LLP
Supporting Speaker 1:
Ryan Waterman, Brownstein Hyatt Farber Schreck, LLP
Supporting Speaker 2:
Erica Maharg, San Francisco Baykeeper
Supporting Speaker 3:
Cris Carrigan, State Water Resources Control Board
Primary Speaker Biography: 

Mr. Rosenbaum is a partner at the Environmental Law Group. He develops compliance strategies for clients regulated under the storm water provisions of the Clean Water Act. He helps clients develop and implement solutions to environmental regulations that are both legally defensible and economically sustainable. He also assists his clients in defending their regulatory compliance programs against challenges by regulatory agencies and environmental groups.

Supporting Speakers Biographies: 

Mr. Waterman delivers strategic advice on California water permitting, regulations, and compliance related to water sufficiency, water quality, storm water permitting, groundwater, infrastructure and policy development. Ryan’s focus on land use and water links issues that go hand-in-hand in California

Ms. Maharg joined Baykeeper in 2014 as its principle enforcement attorney, and she is now responsible for managing our active docket of high-impact water quality cases and for leading our legal team to investigate and prosecute cases through research, litigation, and settlement negotiations.

Cris Carrigan was appointed director of the State Water Resources Control Board’s Office of Enforcement in 2011. Cris was a Senior Staff Counsel in the Office of Enforcement before being named director.Prior to joining the Water Board, Cris was a partner at the law firm of Miller, Starr & Regalia, and a principal at the law firm of Morgan, Miller, Blair. Cris has administrative advocacy and trial experience under the Porter-Cologne Water Quality ControlAct, the Clean Water Act, CERCLA, the California Environmental Quality Act and a variety of other state and federal environmental statutes. Cris was admitted to the California State Bar in 1998 and is admitted to practice law in all of the Courts of California, the United States Supreme Court, the Federal Court of Claims, the Ninth Circuit Court of Appeals, and all of the federal District Courts of California.Cris graduated from McGeorge School of Law and earned his Bachelor’s degree from California State University, Sacramento.He is married with two children.