Water & Wastewater Management

To achieve winning solutions for our clients, Nixon Peabody delivers in-depth, multifaceted finance, legal and regulatory compliance experience, supported by in-house engineers and scientists.

Our approach

Since water and wastewater project financings vary significantly in terms of how they are structured and financed, it is essential that your counsel be thorough, creative and persistent.

With water projects, our knowledge and practice encompasses all the important aspects of project development, such as;

  • Developing core contract documents
  • Obtaining workable environmental permits
  • Project and/or public finance
  • Tax advice
  • Real estate
  • Intellectual property
  • Litigation advice

Who we work with

  • State and local governments
  • Lenders
  • Underwriters
  • Developers
  • Water and wastewater firms
  • Construction firms

Recent experience

  • Representing the developers on the development, contracting and financing of drinking water and wastewater facilities throughout the United States.
  • Serving as counsel to the New York City Municipal Water Finance Authority, we established a variable rate bond structure, established multiple commercial paper programs, and developed a mechanism through the use of subordinate bonds to achieve direct user rate relief from the operating surplus of prior-year operations.
  • Serving as counsel to the state of Connecticut’s Clean Water Revolving Loan Program, our firm played key roles in structuring Connecticut’s wastewater fund and clean and safe drinking water fund programs
  • Served as bond counsel to the Puerto Rico Aqueduct and Sewer Authority in its first public offering in 18 years ($1.3 billion of senior lien bonds). Drafted master indenture, which made allowance for five separate liens of indebtedness and inter-creditor documentation for existing secured and unsecured indebtedness.
  • Representing the builder/operator, we drafted and negotiated the construction and long-term operating contracts for a seawater desalination project in Florida.
  • Representing several Rhode Island communities, we negotiated with USEPA an agreement that resulted in the design, construction and financing of that state’s first regional publicly owned wastewater treatment facility.
  • Representing the underwriter and conducting an environmental due diligence review for the District of Columbia Water and Sewer Authority.

How should discharges to groundwater be regulated?

Rochester Business Journal | November 23, 2018

Rochester Corporate partner Jeremy Wolk wrote this contributed column on recent cases involving the Clean Water Act and discharges to groundwater, drawing from an alert by San Francisco partner Alison Torbitt, Albany associate Dana Stanton and senior environmental health engineer Libby Ford, all of the Affordable Housing & Real Estate group.

Time to express interest in federal water infrastructure loans

Law360 | April 29, 2018

San Francisco energy and environmental partner Alison Torbitt, New York City project finance partner Scott Singer and Rochester senior environmental health engineer Libby Ford co-wrote this article outlining an EPA loan program for new water infrastructure projects.

Recent Water-related Cases That May Impact NPDES/SPDES Dischargers

ClearWaters | December 21, 2016

A discussion of five cases that might impact wastewater permitting regulations for holders of SPDES permits, written by Rochester senior environmental health engineer Libby Ford, San Francisco Energy and Environmental associate Alison Torbitt, and Albany counsel Peter Trimarchi.

Calling All Breweries: Is Your Wastewater In Order?

Law360 | July 11, 2016

Rochester senior environmental health engineer Libby Ford and San Francisco Energy & Environmental associate Alison Torbitt co-authored this column discussing the EPA’s national standards for industrial wastewater discharged to local publicly owned treatment works and how they affect breweries.

  • Recognized by U.S. News-Best Lawyers 2018 as a national Tier 1 leader for Public Finance Law
  • Consistently ranked by Thomson Reuters among the top bond counsel and underwriter’s counsel in the country, and among the most active disclosure and special tax counsel
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