Los Angeles Clean Water Act Enforcement Lawyer
Protecting Los Angeles Businesses from Clean Water Act Enforcement
Operating a business in Los Angeles means navigating one of the most complex and aggressive regulatory environments in the country. Water, as our most precious resource, is at the center of this scrutiny.
The federal Clean Water Act (CWA), enforced by the U.S. Environmental Protection Agency (EPA) and California’s own powerful state and regional water boards, imposes stringent rules on any activity that could impact water quality.
For property owners, industrial facilities, construction companies, and municipalities, compliance is not optional—it’s a critical component of risk management, and it often requires the counsel of an experienced Los Angeles Clean Water Act enforcement lawyer.
If you have received a Notice of Violation or are concerned about your company’s CWA compliance, contact us for a confidential consultation.
Why Choose Our Los Angeles Clean Water Act Enforcement Attorneys
The CWA’s primary goal is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” This is achieved largely through the National Pollutant Discharge Elimination System (NPDES) permit program, which regulates the discharge of pollutants into surface waters. Failure to secure the proper permits or violating the terms of an existing permit can expose your organization to crippling fines, mandatory operational changes, and reputation-damaging litigation.
At Tropea McMillan, LLP, our Los Angeles Clean Water Act enforcement lawyers provide sophisticated counsel and aggressive representation to businesses across Southern California. We understand the unique pressures LA businesses face from federal, state, and local regulators, as well as opportunistic citizen-led environmental groups. Our focus is on protecting your interests, resolving enforcement actions efficiently, and implementing compliance strategies that keep you ahead of the curve.
The High Stakes of CWA Non-Compliance in Los Angeles
Failing to comply with the Clean Water Act can trigger severe legal and financial consequences. Regulatory agencies and environmental groups are increasing their enforcement efforts in major metropolitan areas like Los Angeles, making it essential for businesses and property owners to remain vigilant. The following statistics underscore the serious nature of CWA enforcement:
- Massive Financial Penalties: In 2023, the EPA concluded enforcement actions on over 1,500 CWA violations. Businesses and individuals paid over $180 million in fines for violations related to illegal pollutant discharges and permit failures.
- Forced Investment in Corrections: The EPA mandated that violators invest more than $1.7 billion in advanced pollution control technology and corrective measures to mitigate past and future environmental harm.
- Rising Threat of Citizen Lawsuits: Lawsuits filed by private citizens and environmental groups under the CWA are on the rise. These suits often target small to mid-sized businesses, construction firms, and property owners for alleged stormwater or discharge permit violations, seeing them as easy targets for litigation.
- Focus on Stormwater: Stormwater violations alone accounted for nearly 30% of all CWA enforcement cases, highlighting the critical importance of creating and maintaining a compliant Stormwater Pollution Prevention Plan (SWPPP). For more information, read our blog post on Understanding Clean Water Act Violation Claims.
Compliance is more than just avoiding fines; it is an investment in your business’s reputation, a shield against costly legal battles, and a commitment to environmental stewardship. By proactively adhering to CWA regulations, your business can avoid disruptive legal actions and contribute to the health of our local water resources.
How CWA Violations Are Prosecuted in California
The EPA takes the lead on enforcing federal environmental laws, but in California, the State Water Resources Control Board and nine Regional Water Quality Control Boards—including the powerful Los Angeles Regional Water Quality Control Board—have the authority to enforce both the CWA and the state’s own Porter-Cologne Water Quality Control Act.
Violators can face administrative, civil, or criminal actions. Depending on the nature of the violation and the agency bringing the action, a range of penalties is possible:
- Fines and Restitution
- Injunctive Relief (court orders to stop non-compliant activities)
- Mandatory Cleanup and Remediation Enforcement
- Incarceration (for willful or negligent violations)
To supplement government enforcement, the CWA contains a “citizen suit” provision. This empowers private citizens and organized environmental groups to file lawsuits against entities they believe are discharging pollutants illegally. These groups are often highly sophisticated, well-funded, and aggressive in their litigation tactics. In the Los Angeles area, they frequently target businesses for alleged permit violations, seeking injunctive relief, civil penalties, and recovery of their attorneys’ fees. If a regulatory agency fails to act, these citizen groups can even sue the agency itself. Learn more about how to deal with Clean Water Act violations in our blog.
Understanding the Legal Process of Clean Water Act (CWA) Enforcement
If your business is accused of violating the Clean Water Act, the legal process can be intimidating. Knowing what to expect is the first step toward building an effective defense.
- Notice of Violation (NOV): The process usually starts with an NOV from the EPA, the Los Angeles Regional Water Board, or a 60-day notice of intent to sue from a citizen group. This notice will outline the alleged violation, such as discharging without a permit, exceeding pollutant limits in your permit, or failing to implement your SWPPP.
- Civil vs. Criminal Enforcement Actions: If the issues in the NOV are not resolved, the government may escalate.
- Civil Enforcement: A regulatory agency can issue an Administrative Order demanding corrective action. For more serious violations, the government may file a civil lawsuit seeking significant fines—up to $64,618 per day, per violation—and court orders to force compliance.
- Criminal Enforcement: In cases involving knowing or grossly negligent conduct, federal prosecutors can file criminal charges. Penalties include substantial fines (from $5,000 to $50,000 per day) and imprisonment for up to three years for responsible corporate officers.
- Citizen Lawsuits: As mentioned, citizens and environmental groups can sue alleged violators directly. These lawsuits are common in Los Angeles and often focus on stormwater and effluent discharge violations. If successful, your business may be ordered to halt activities, implement expensive corrective measures, and pay the plaintiff’s substantial attorneys’ fees.
- Corrective Actions & Compliance Plans: To resolve an enforcement action, your business will likely be required to develop a formal compliance plan, implement new pollution control technologies, pay any assessed penalties, and submit to regular monitoring and reporting to prove ongoing compliance.
- Settlement or Litigation: The vast majority of CWA cases are resolved before trial through administrative settlements or court-approved Consent Decrees. However, if a reasonable settlement cannot be reached, the case will proceed to litigation in federal court, where your business’s future could be at stake.
Upon receiving any notice of an alleged violation, your first and most critical step is to engage experienced environmental counsel to analyze the claim and guide your response.
Effective Response Strategies When Facing a Clean Water Act (CWA) Enforcement Issue
A strategic, proactive response to a CWA enforcement action is essential to protecting your business. An experienced environmental attorney can help you navigate the complexities, minimize liability, and secure a favorable outcome.
Immediate Response to a Notice of Violation (NOV)
Ignoring an NOV is the worst possible course of action. It guarantees escalation.
How our attorneys help: We immediately engage with the regulatory agency or citizen group on your behalf, preventing you from making ill-advised statements. We conduct a rapid legal and factual review of the NOV to determine its validity and identify potential defenses before a formal enforcement action is filed.
Evaluating Compliance & Gathering Evidence
A strong defense is built on facts. We meticulously assess your compliance history and the specific allegations against you.
How our attorneys help: We direct an internal compliance audit, reviewing permits, monitoring reports, and operational records. We work with a network of trusted environmental consultants to collect and analyze scientific evidence, such as water samples and flow data, to challenge the basis of the enforcement claim.
Negotiating with Regulatory Agencies
Early and strategic negotiation can prevent costly litigation and dramatically reduce penalties.
How our attorneys help: We leverage our experience with the EPA and the Los Angeles Regional Water Quality Control Board to negotiate from a position of strength. We work to reduce proposed penalties, extend compliance deadlines, and explore alternative solutions that protect your financial interests while satisfying regulators.
Defending Against Civil or Criminal Enforcement Actions
If litigation is unavoidable, you need a defense team with a proven track record in high-stakes environmental law.
How our attorneys help: We build a robust legal defense, challenging the government’s case on procedural, technical, and legal grounds. We fight to defeat claims, minimize fines, and in criminal cases, protect your liberty by demonstrating a lack of intent and good-faith compliance efforts.
Responding to Citizen Lawsuits
Citizen suits present a unique threat that requires a specialized defense strategy.
How our attorneys help: We scrutinize the citizen group’s standing to sue and the merits of their claims. We are skilled at challenging frivolous or exaggerated lawsuits and negotiating practical, cost-effective settlements that avoid the risk and expense of trial.
Developing a Long-Term Compliance Strategy
The best defense is avoiding violations in the first place. We help you build a resilient, forward-looking compliance program.
How our attorneys help: We assist in creating and implementing customized compliance plans, including SWPPPs, that meet federal and state standards. We provide training for your team, help you secure and renew necessary permits, and establish internal protocols to catch potential issues before they become liabilities.
Get Ahead of the Regulations with Tropea McMillan, LLP
At Tropea McMillan, LLP, our Los Angeles environmental lawyers are dedicated to guiding businesses through the complexities of the Clean Water Act, the Safe Drinking Water Act, and the California Environmental Quality Act (CEQA). We have successfully defended clients throughout Los Angeles County and across California, and we understand what it takes to resolve compliance and enforcement issues efficiently.
Count on us to be your partner in environmental defense and risk management. To learn more about how we can assist your business with a water-related legal issue, contact Tropea McMillan, LLP, today.
Contact us at (866) 977-8921 or through our online form to schedule a confidential consultation with our experienced Clean Water Act enforcement lawyer.