Partner
Rebecca Andrews
Rebecca Andrews works with public agencies in Texas, California and throughout the United States to address complex environmental, land use and utility relocation and conflict resolution. Rebecca served as an assistant city attorney and the assistant general counsel for a planning agency for five years. Her experience as general and special counsel to public agencies gives her a deep understanding of the demands on public agency resources.
Rebecca serves as the Port of Houston’s lead attorney negotiating and securing the relocation or removal of pipeline and oil and gas production infrastructure for the Port’s congressionally authorized ship channel expansion project and dredge material placement areas. Rebecca represents public agencies in environmental matters related to wastewater, stormwater, land use and property development, in addition to her work related to Army Corps of Engineers’ projects. Her practice focuses on Clean Water Act sections 402 and 404, the Safe Drinking Water Act, the state equivalents to these federal laws and related work triggered by the Endangered Species Act, flood control and surface and groundwater remediation requirements.
Rebecca advises clients on negotiating, obtaining, and complying with permits, including EPA- and state-issued stormwater permits, industrial and construction permits, wastewater permits for publicly owned treatment works and CWA section 401 water quality certifications, as well as U.S. Army Corps of Engineers-issued CWA section 404 dredge and fill permits and Rivers and Harbors Act section 10 permits. She also helps clients resolve real property issues that arise during project implementation, and advises water supply, wastewater treatment and stormwater management agencies on emerging contaminants of concern, such as PFAS/PFOA, establishing regulatory compliance programs, developing and implementing total maximum daily loads (TMDL), enforcing local environmental codes and taking and defending administrative enforcement actions and citizen suits. Representative water quality matters include:
- Assisting a port authority in Texas with resolution of oil and gas utility conflicts as part of a federal navigation project
- Advising a Texas city in obtaining a major permit amendment to its TPDES permit
- Advising flood control districts on state and federal requirements associated with large flood control projects
- Defending Texas and California clients in enforcement actions brought by state and federal regulatory authorities for alleged violations of the water quality regulations
- Representing national clients as parties and amicus before state and federal courts in Clean Water Act citizen suits and challenges to the NPDES permits
- Preparing comments and testifying before regulatory agencies in Texas and California during NPDES permit development, rulemakings and enforcement actions
- Advising Texas and California public agencies and private clients on compliance with water quality regulations
- Advising cities and special districts on the development and use of recycled water, including ownership issues and responses to drought and flooding conditions
- Assisting public agencies in Texas and California with the establishment and modification of regulatory compliance programs, including administrative and civil enforcement of environmental regulations
- Preparing an expert report on regulatory compliance benefits of patented technology in a patent infringement lawsuit resulting in a $12.5 million jury award
- Texas City Attorney Association
- Texas Water Conservation Association
- California Stormwater Quality Association. She participates in two Phase II MS4 committees through CASQA that focus on addressing water quality compliance issues for traditional and nontraditional MS4s.
Publications
- "U.S. District Court Holds Issuance of New NPDES Permit Does Not Moot Claims for Violations of Prior Permit if New Permit is Stayed," Argent Communications, Jan. 4, 2021
- "Homeless Encampments and Water Quality," Public Law Journal, 2020
- “California Must Pick Up Stormwater Check” BBKnowledge, Nov. 29, 2016
- “California Must Pay for Stormwater Mandates,” Daily Journal, 2016
- “Developments in Water Law,” BB&K Legal Alert, June 10, 2014
- “State Water Board Looks to Streamline Recycled Water Use Permits,” BB&K Legal Alert, May 2, 2014
- “FPPC To Consider Expanding Grounds for Not Listing Source of Income on SEI 700 Form” BBKnowledge, April 28, 2014
- “Messages Stored on Personal Electronic Devices in Personal Accounts Are Not Public Records” BBKnowledge, April 28, 2014
- “Ethics Recap – Messages Stored on Personal Devices, Gift of Travel, Campaign Finance” BBKnowledge, April 8, 2014
- “Funding NPDES MS4 Permit Requirements to ‘The Maximum Extent Practicable’,” 22 California Water Law and Policy Reporter, 2011
Presentations
- "Relatively (Im)permanent: The Changing Scope of the Clean Water Act," International Municipal Lawyers Association Annual Conference, Sept. 29, 2023
- "Federal Affairs Updates," Texas Water Conservation Association Summer Conference, June 15, 2023
- "Case Study: A Data-Driven TPDES Major Permit Amendment," American Public Works Association, Texas Chapter Public Workshop and Equipment Roadeo, Feb. 7, 2023
- "Environmental Justice, Waters of the United States, PFAS, and NEPA/Climate Change," International Municipal Lawyers Association's Annual Conference, Oct. 21, 2022
- "Unhoused Encampments, Environmental Quality, and the Human Right to Water," California Lawyers Association Environmental Law Conference at Yosemite, Oct. 16, 2022
- "Environmental Section Meeting," International Municipal Lawyers Association’s Annual Conference, Oct. 1, 2021
- "Health and Environment Section Meeting: County of Maui v. Hawaii Wildlife Fund: What Does it Say and How Does it Apply?" International Municipal Lawyers Association's Annual Conference, Sept. 22, 2020
- "Three Important Tips for Flood Mitigation Planning and Funding Under SB7 and SB8," 2020 Texas City Attorney Association Summer Conference, June 18, 2020
- "Stormwater Permitting at Schools and Community Colleges," BB&K Webinar, Apr. 22, 2020
- "National Policy, Legislative and Legal Hot Issues in Stormwater," National Municipal Stormwater Alliance Conference, Mar. 17, 2020
- "Flood Mitigation Planning and Funding," 16th Annual Local Government Seminar, Olson & Olson, LLP, Jan. 30, 2020
- "Predicting the Future: Update on Cases and Regulations for the Environmental Law Section Meeting," International Municipal Lawyers Association's 2019 Annual Conference, Sep. 19, 2019
- "Coastal Surge Protection Barrier Project," The City of League City Texas, Dec. 4, 2018
- "Environmental Law Section Meeting: Too Many Environmental Problems, Too Little Time: Tips on Handling Environmental Liability in Transactions and Litigation," International Municipal Lawyers Association's Annual Conference, Oct. 19, 2018
- Legal Update, California Stormwater Quality Association Annual Conference, Oct. 15, 2018
- "Fairly (or Unfairly Traceable?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act," BB&K Webinar, Mar. 29, 2018
- "Health and Environment Section Meeting: Federal Environmental Law Update," International Municipal Lawyers Association Annual Conference, Oct. 17, 2017
- “Clean Water Act Legal Update,” International Municipal Lawyers Association, 2016
- “Federal Environmental Law Update,” Texas City Attorney Association, Summer Conference 2016
- “Regulatory Takings and Constitutional Principles of Land Use and Planning,” American Planning Association, AICP Exam Preparation, 2015
- “Staying in Compliance: Understanding Fundamental Special Districts Laws,” California Special Districts Association, 2014
