Lewis B. Jones
Partner Environmental, Health and Safety
Atlanta: +1 404 572 2742 [email protected]
Lewis Jones is a partner in King & Spalding’s Environmental, Health and Safety Practice Group specializing in water, natural resources, and infrastructure development. He advises water utilities on water supply and wastewater issues, environmental compliance, permitting, and fee setting; helps clients obtain and defend permits to build infrastructure; and assists with a wide range of issues relating to the civil works and regulatory programs of the United States Army Corps of Engineers.
Lewis is experienced in working with the U.S. Army Corps of Engineers, the Federal Energy Regulatory Commission (FERC) and the U.S. Fish and Wildlife Service on reservoir permitting and management, contracting and licensing, and matters relating to wetlands and endangered species. With a Master’s degree in ecology, extensive experience with the permitting and environmental review processes, and record of success in court, Lewis is adept at finding strategic solutions to difficult legal and environmental problems to achieve his clients goals.
Active in shaping policy at the federal and state levels, Lewis advises clients on proposed rulemakings and legislation and helps to initiate needed changes.
Lewis is recognized by the Legal 500 US in the Environment-Litigation category; by Best Lawyers in the Environmental Law and Water Law Categories; and by Chambers USA in the Environment category (Band 2).
Matters
Water Rights, Water Supply, and Water Quality
On-going representation of the National Water Supply Alliance, a national advocacy organization focused on national water policy and the water supply and regulatory programs of the United States Army Corps of Engineers.
Ongoing representation of the City of Atlanta and other metropolitan Atlanta water supply providers in the “Tri-State Water Wars” litigation involving the Apalachicola-Chattahoochee-Flint (ACF) and Alabama-Coosa-Tallapoosa (ACT) River Basins. Example matters include:
Georgia, Atlanta Regional Commission and Cobb County-Marietta Water Authority U.S. Army Corps of Engineers, No. 1:14-cv-3593 (N.D. Ga.) (granting summary judgment and ordering the Corps to address Atlanta area water supply needs at Allatoona Lake).
1 www.kslaw.com 1 Cobb County-Marietta Water Authority v. U.S. Army Corps of Engineers , No. 1:17-cv-400 (N.D. Ga.) (challenging Corps practices that interfere with water rights of water supply users).
In re: Tri-State Water Rights Litig., 644 F.3d 1160 (11th Cir. 2011) (reversing injunction threatening metro Atlanta water supply and holding that water supply is an authorized purpose of Lake Lanier).
Alabama v. U.S. Army Corps of Engineers, No. 1:17-cv-607 (D.D.C.) (defending ACF Master Water Control Manual and Corps’ decision to meet Atlanta area’s long-term water supply needs).
National Wildlife Foundation v. U.S. Army Corps of Engineers, No. 1:17-cv-772 (D.D.C.) (defending ACF Master Water Control Manual and Corps’ decision to meet Atlanta area’s long-term water supply needs).
Alabama & Alabama Power v. U.S. Army Corps of Engineers , No. 1:15-cv-696 (D.D.C.) (defending existing water supply uses at Allatoona Lake).
Confidential representation of two Georgia clients in separate inter-governmental disputes about water rates and rate differentials.
Successful representation of Tarrant Regional Water District (Fort Worth, Texas) to solve contract issues relating to Benbrook Reservoir, a Corps reservoir near Fort Worth, Texas, including proposing a solution that was enacted it as part of the Water Resources Development Act of 2017.
On-going representation of Murfreesboro, Tennessee and the Consolidated Utilities of Rutherford County on water supply and water rights issues relating to the Corps’ J. Percy Priest Reservoir, a Corps reservoir east of Nashville.
Successful defense of permit to allow a new wastewater discharge for county system to be located within the Chattahoochee River National Recreation Area.
Representation of the Georgia Chamber of Commerce in the development of the Georgia Statewide Comprehensive Water Plan; representation of Georgia and Metro Chambers and other statewide advocacy groups to file amicus briefs in litigation relating to the buffer rule and in the development of anti-degradation procedures under the Clean Water Act.
Representation of the Georgia Water Quality Stakeholders to file comments on new NPDES rules promulgated by the United States EPA and to revise NPDES implementation procedures developed by Georgia Environmental Protection Division.
Infrastructure Development
Successful representation of clients to obtain state and federal approvals necessary to develop residential, commercial, and industrial projects in wetlands, coastal environments, and other sensitive areas.
Successful representation of Paulding County to obtain all necessary permits and approvals to build Richland Creek Reservoir, a major new water supply reservoir.
Representation of multiple clients in connection with “reallocation studies” and water storage contracts by the U.S. Army Corps of Engineers.
Representation of clients to obtain permission from US Army Corps of Engineers’ under 33 U.S.C.
2 www.kslaw.com 2 § 408 to alter or amend federal projects.
Representation of hydropower licensees in proceedings before the Federal Energy Regulatory Commission, including successful negotiation of acceptable fish passage requirements for a facility in the Augusta Canal.
Representation of clients to obtain § 404 permits to fill wetlands and to negotiate mitigation requirements, including representation of multiple mitigation bank sponsors to maintain necessary approvals from the Corps.
Endangered Species Act and Wetlands Permitting
Helped to formulate and to win approval by U.S. Fish and Wildlife Service of habitat conservation plan allowing a 2,000-acre residential development completely surrounding an endangered woodstork rookery.
Defeated numerous endangered species act claims brought by the State of Florida alleging that water use and reservoir operations caused “take” of endangered species.
Negotiated a favorable settlement agreement with the Federal Energy Regulatory Commission on behalf of licensee regarding fish passage requirements for the threatened Atlantic sturgeon at the Augusta Canal.
Served as principal environmental counsel to obtain all permits necessary for LNG terminal within an area designated as critical habitat for the Gulf sturgeon.
Assisted in securing and successfully defending permits to allow major developments in coastal marshlands.
Represented developers to obtain (or to avoid the need to obtain) Clean Water Act Section 404 permits from the United States Army Corps of Engineers for the discharge of “dredged and fill” material into wetlands.
Assisted mitigation banking clients in negotiations with the Army Corps of Engineers to get banking instruments approved and to transfer ownership of banks already in operation.
Energy / Hydropower
Secured new, 50-year license for hydropower facility in the Augusta Canal.
Advised in the transfer of FERC license to new entity.
Assisted in the negotiation of a Memorandum of Agreement between FERC-licensee, the U.S. Army Corps of Engineers, and the Atlanta Regional Commission relating to the “River Management System” by which these projects are coordinated.
Defeated claims by FERC licensee that water provider was required to pay for water taken from hydropower project subject to relocation contract.
Served as principal environmental counsel in purchase of several LNG terminals.
Ongoing representation of stakeholders in FERC relicensing proceeding for the hydropower projects in the Coosa River.
Assisted in securing and defending all necessary water supply and water discharge permits for two major coal-fired power plants. 3 www.kslaw.com 3 Credentials EDUCATION J.D., Harvard University, cum laude M.S., University of Wisconsin B.S., University of the South, summa cum laude, Phi Beta Kappa
ADMISSIONS Georgia
ASSOCIATIONS State Bar of Georgia American Bar Association Section of Environment, Energy and Resources Institute for Georgia Environmental Leadership (Class of 2009) Chair, Board of Education of the City Schools of Decatur (elected 2014; elected chair 2018)
Insights CLIENT ALERT April 24, 2020 Supreme Court Holds Some Groundwater Discharges Subject to Clean Water Act
April 22, 2020 Federal Court Vacates Key Clean Water Act Nationwide Permit
NEWSLETTER February 13, 2020 Energy Newsletter – February 2020
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News IN THE NEWS May 13, 2021 • Source: Forsyth Herald Lewis Jones discusses the County Commission voting to proceed with contracts with the Georgia Environmental Protection Division and the U.S. Army Corps of Engineers
RECOGNITION May 20, 2021 Chambers USA 2021 Names 179 K&S Lawyers and 65 K&S Practice Groups as Leaders in Their Fields
August 21, 2020 The Best Lawyers in America Recognizes 128 King & Spalding Lawyers in its 2021 Guide
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4 www.kslaw.com 4