Water and Wastewater |
Our firm comprises nationally recognized leaders in water and wastewater infrastructure transactions, including:
- Water use planning and development
- Alternative project delivery, such as design-build and design-build-operate
- Permitting and rulemaking
- Enforcement
- Litigation and legislation
- Acquisitions and contract drafting/negotiation
- Privatization
- Ratemaking
- Regulatory
- Water system development and operations
- Storm water management
- Bio-solids Management
Our experience includes developing and modifying state legislation pursuant to which water and sewer agencies can organize and successfully finance and construct such systems, as well as obtaining water rights, drafting, and assisting in the administration of operation agreements, design-build and design-build-operate agreements, and other construction contracts.
Always on the Forefront of Legal Developments
in the Field
Our attorneys are on top of the latest developments, laws, regulations, and methodologies that can potentially affect our clients. This proactive approach enables us to provide innovative, practical solutions to complex issues. Recognized for their vast knowledge and experience, members of our firm are frequently sought after lecturers and commentators on subjects relating to water and wastewater issues.
Representative Projects
Attorneys at West Group Law have worked with clients on numerous notable projects, including:
• Nassau County, New York in connection with the development and negotiation of a contract to privatize operations, maintenance, and management of the County’s sewer system, which includes three major wastewater treatment plants, 53 sewage pump stations and approximately 3,000 miles of sewers. The sewer system is responsible for the collection, treatment, and disposal of sewage in a large area of the County, with a current customer base of approximately one million. This operation and maintenance agreement is the largest water-related public-private partnership to date in the United States, with a value of more than $1.2 billion.
• City of Annapolis, Maryland in its development of a new water treatment plant on a design-build basis. We drafted and negotiated the design-build agreement with the entity selected by the RFP process and advised the City on all aspects of the project. The project, which replaces the City’s nearly 100-year-old facility, is being primarily funded through the Maryland State Revolving Fund.
• Rockland County Sewer District No. 1, New York in its procurement of a contractor for the operation and maintenance of its Advanced Wastewater Treatment Plant. We represented the Sewer District in the development of the facility on a design-build-operate basis, which was the first municipal wastewater design-build or design-build-operate project in New York. We were responsible for reviewing New York law to determine whether the wastewater treatment plant could be developed pursuant to a design-build-operate approach under the existing statutory framework. WGL attorneys assisted the Sewer District with the drafting of the procurement documents (including the RFP), the evaluation of proposals, and served as lead negotiator and principal drafter of the design-build-operate agreement. We continue to serve as full-time outside counsel to the Sewer District, providing contract oversight and administration assistance.
• Tulsa Metropolitan Utility Authority, Oklahoma as a member of the Infrastructure Management Group’s (“IMG”) team of professional advisors and consultants conducting a comprehensive assessment of the water and sewer system for the Tulsa Metropolitan Utility Authority (“TMUA”). WGL members reviewed and analyzed the legal structure, lease agreements, and operating and maintenance contracts which define TMUA governance protocols and its relationship with the City of Tulsa as it fulfills its charge to provide water and wastewater services. It also evaluated the service contracts which exist between TMUA and additional communities and identified the impacts of covenants contained within TMUA’s bonds, as well as assisted with the development of strategic options, such as P3.
