Bar Fellowship
and Co-Director of the Tulane Environmental Law Clinic and attended the Human Rights Subcommittee of the United Nations in Geneva, Switzerland, to support arguments for establishing an international human right to environmental protection. Her experience and extensive science background make Melissa uniquely qualified to see all sides of a matter and to formulate unique solutions to successfully resolve client matters while simultaneously improving the environment.
Articles:
· Antibacksliding: Understanding One of the Most Misunderstood Provisions of the Clean Water Act (The Environmental Law Reporter, March 2001)
· Clean Water Action Section 305(b): A Potential vehicle for Incorporating Economics into the "TMDL" and Water Quality Standards-Setting Process (Tulane Environmental Law Journal, Winter 1999)
Experience
Specialized expertise in water quality based on a solid science background, which provides a unique understanding of chemical, biological, and ecological ramifications of water quality policies and regulation, as well as a clear understanding of the regulations and their history
Drafted several amicus curiae briefs for the United States Supreme Court on environmental and water quality issues, including briefs in support of the petition for certiorari and on the merits in the Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc. case (USSC Case No. 11-460 - argued December 4, 2012 with ruling on January 8, 2013) on behalf of the League of California Cities, California Association of Counties, and the National League of Cities.
Substantial Federal court litigation experience, including discovery, taking and defending against fact and expert witness depositions, briefing, and oral advocacy.
Extensive State court experience, including writ practice in Superior Courts and substantial appellate advocacy experience briefing and arguing cases before California Appellate Courts and the California Supreme Court as counsel to parties and amicus curiae.
Negotiated scores of legal and achievable NPDES permits for municipal and industrial storm water and wastewater discharges throughout California, as well as Section 404 permits and waste discharge requirements for dredging projects.
Administratively and judicially challenged numerous NPDES permits for publicly owned treatment plants and municipal separate storm sewer systems where reasonable permits could not be negotiated.
Defended and settled administrative NPDES permit enforcement actions and Mandatory Minimum Penalty (MMP) actions related to water quality, and citizen suits filed under the Clean Water Act and the Resource Conservative and Recovery Act against municipal and industrial clients. Several enforcement defense matters resulted in no penalty or a substantially reduced penalty to the client.
Successfully challenged U.S. EPA Region IX's approval of unlawful provisions related to the municipal drinking water (MUN) uses and narrative objectives contained in the Water Quality Control Plan (Basin Plan) for the Los Angeles Region in federal district court.
Commented on, negotiated the terms of, or litigated several Total Maximum Daily Loads (TMDLs), including for chloride, trash, nitrogen, bacteria, mercury, and pesticides, and Site Specific Objectives (SSOs), including for copper, nickel, and cyanide.
Successfully litigated California Environmental Quality Act (CEQA) cases, including one in federal court.
Effectively challenged the South Delta salinity objectives for failure to comply with California Water Code sections 13241 and 13242.
General
Former Executive Committee Member for Downey Brand LLP
Former Director of Regulatory Affairs for the California Association of Sanitation Agencies (CASA).
Former Environmental Law Fellow/Co-Director, Tulane Environmental Law Clinic.
Author of several federal and state bills and resolutions, and published author/novelist.