Sutherland helps water and wastewater companies, investors and governments negotiate deals and navigate legal, environmental and regulatory issues. Our experience in water and wastewater extends beyond the water/energy nexus to include representing the full spectrum of industrial, technology, environmental, water as a natural resource, point-of-use, residential, and service companies as well as investors.
As the pressure intensifies to address global water and wastewater management requirements, Sutherland assists leading water and wastewater companies, investors and governmental entities in addressing new challenges unique to their industry, particularly with respect to the acquisition and disposition of assets, project financing, construction, operation and maintenance of water-related infrastructure, and the development and licensing of new technologies.
We also recognize that the water and wastewater aspects of energy projects (from E&P to generation) are becoming increasingly important to private equity investors, limited partners and portfolio companies. At Sutherland, we have more than 20 years of experience representing enterprises in connection with all aspects of the water/energy industry, including advice on more than 200 M&A transactions, financings, and development and regulatory matters.
Transactions. We work with clients across the energy industry to structure deals that make commercial sense, both in financial terms and within the specific parameters of the industry. We regularly represent buyers and sellers in acquisitions and dispositions of both publicly owned and privately held energy businesses and assets.
Arbitration and Litigation. When parties disagree, our goal is to find pragmatic solutions to resolve business disagreements efficiently and promptly. But when a negotiated outcome is not feasible, we are veteran litigators, and we have substantial experience with water- and wastewater-related issues in courts and before domestic and international arbitrators.
International. Sutherland attorneys have extensive experience with international issues involving water and wastewater, including cross-border transactions, and are familiar with the difficult legal systems applicable to, and the requirements mandated by, multinational clients. We regularly counsel clients on export controls, legal structures and international business practices, and we provide advice with respect to privatization and concession programs in both common and civil law jurisdictions.
Intellectual Property. Sutherland’s intellectual property attorneys understand this arena and work routinely with evolving water and wastewater technology. Our intellectual property experience includes crafting licensing agreements and resolving complex disputes.
Ratemaking and Regulatory. Our attorneys have represented various national utilities in rate and regulatory proceedings before numerous federal and state agencies.
Nuts and Bolts
Sutherland’s Water and Wastewater team guides clients through all the legal and strategic issues they face, including:
- Creditors’ rights
- Employee benefits
- Federal, state and local government contracts
- Infrastructure and construction
- Intellectual property
- International and cross-border transactions
- Joint ventures and corporate structuring
- Litigation, arbitration and alternative dispute resolution
- Mergers and acquisitions
- Native American water rights and resources
- Private equity investment
- Privatization and concession agreements
- Project finance and development
- Public and tax-exempt financing
- Riparian rights, water sourcing and sales
Industry knowledge and legal skills enable Sutherland to provide timely, relevant legal advice in clear business language to clients looking to succeed in the water and wastewater industry.