Chris Pomeroy co-founded AquaLaw in 2002 after practicing law with a major U.S. law firm. Today, AquaLaw is nationally recognized for its expertise on municipal water, wastewater, stormwater and related business matters, where Chris brings a broad range of experience.
In the legislative arena, Chris has solid track record at the state level and on targeted matters in the U.S. Congress. At the regulatory level, he has frequently been appointed by regulators to advisory committees on environmental standards and permitting. Clients routinely seek his strategic advice early in the permitting process and his counsel on addressing noncompliance prior to enforcement. Chris has negotiated successful resolutions to many contentious permit proceedings and enforcement actions, and has represented clients in both administrative and judicial litigation as lead or special counsel.
Beyond the regulatory expertise for which AquaLaw is well known, a significant portion of Chris' practice is devoted to general utility matters, including inter-jurisdictional water and wastewater agreements, cost-of-service ratemaking and public utility law.
Chambers USA recognizes Chris as a “great choice for permitting and enforcement defense” and as “an expert in the Clean Water Act” in Chambers USA: America's Leading Lawyers for Business 2010 . On multiple occasions, Virginia Business Magazine has placed Chris among its Legal Elite and Virginia Super Lawyers Magazine has identified Chris as a Rising Star under 40.
Relevant Experience
Water Quality Planning – Advised groups of dischargers on Clean Water Act water quality standards development, TMDLs and associated allocations, TMDL implementation, and related use attainability analyses and variances, including for the Chesapeake Bay Nutrient TMDL
Water Quality Permits – Advised dozens owners of POTWs and MS4s on NPDES permitting, compliance and enforcement, including TMDLs and water quality-based limits for nutrients, metals, organics and whole effluent toxicity; new or expanded facilities and pollutant load offsets; monitoring frequency reductions; water quality studies; and other special conditions
Effluent Trading – Negotiated legislation and regulations for Virginia's Chesapeake Bay nutrient credit trading program and developed operating agreement among owners of over 100 municipal and industrial WWTPs
Recycling & Sustainability – Represented owners of POTWs in successfully pursuing and maintaining policies for critical sustainability efforts, including reuse of reclaimed water and biosolids recycling
Stormwater Management – Represented MS4 owners in development of next generation NPDES permits and post-construction stormwater management programs including LID/ESD design standards, local ordinances and local program administration
Water Supply – Advised utilities on surface water and groundwater withdrawal permits, minimum instream flows, groundwater mitigation, drought ordinances, water allocations, and local water reuse program development
Enforcement Defense & Citizen Suits – Negotiated numerous consent orders and other settlements of environmental enforcement actions by federal and state regulators and defended citizen suits against clients for NPDES permit noncompliance and sewer system overflows
Contracts – For municipal utilities, drafted, negotiated and provided implementation advice for many contracts for water sales, wastewater service, effluent trading, third-party contract operations, utility mergers, and water authority formation and operation
Utility Rates, Fees & Charges – Advised utilities on development and implementation of water, wastewater and stormwater utility rate structures under cost-of-service principles
Grant Funding – Advised utilities on state and federal appropriations, grant funding program policies, and grant agreement negotiation and implementation issues for various projects including POTW nutrient removal technology in the Chesapeake Bay watershed
Safety & Damage Prevention – Advise local governments and authorities on a variety of infrastructure-related safety programs including dam safety and underground utility damage prevention (Miss Utility)
Representative Papers & Articles
Chesapeake Bay TMDL Nutrient Allocations & Wastewater Capacity, VWEA-AWWA Water Conference, Richmond, VA, September 2009
The Dirt on the Clean Water Act and Local Stormwater Management, Local Government Attorneys of Virginia Annual Conference, Charlottesville, VA, April 2009
Water Policy Update, Environment Virginia Conference, Lexington, VA, April 2009 (co-presented with DEQ Water Division Director)
Stormwater, TMDLs & Post-Construction Runoff, NACWA, Washington, D.C., November 2008
Successful Permits & Contracts for Water Reuse, WEF/VWEA, Charlottesville, VA, Feb. 2008
When the Clean and Safe Drinking Water Acts Collide, VA-AWWA, Richmond, VA, October 2006
Surviving SSO Enforcement Actions, WEFTEC, Washington, D.C., November 2005
Nutrient Credit Trading: The New Chesapeake Bay Cleanup Tool, Virginia Lawyer , Oct. 2005
The Battle Down Under: DEQ Efforts to Curb Sewer System Overflow, Virginia State Bar Newsletter , Spring 2005
TMDLs Done Right: The “Ready, Aim, Fire” Approach for the Chesapeake Bay, American Bar Association SONREEL Trends , Jan./Feb. 2005
Education
J. D., George Washington University Law School, Washington, D.C., 1996, With High Honors
Law Review: GW Journal of International Law & Economics , Member
Moot Court Board, Member
B. S. Biology, Fairfield University, Fairfield, Connecticut, 1992, cum laude
Honors Program, Member
AED Pre-Med Honor Society, Member
Professional Affiliations
Virginia State Bar, Environmental Law Section (Chair, 2001-2002)
Local Government Attorneys of Virginia
Virginia Association of Counties
Virginia Municipal League
Virginia Water & Waste Authorities Association
Water Environment Federation (Including Virginia and Chesapeake Chapters)
American Water Works Association (Including Virginia Chapter)
National Association of Clean Water Agencies, Legal Affairs Committee
Bar Admissions
Virginia 1996
U.S. Court of Appeals for the Fourth Circuit 1997
U.S. District Court for the Eastern District of Virginia 1997
U.S. District Court for the Western District of Virginia 1997