William W. Funderburk, JR.

William W. Funderburk, Jr. handles government initiated and private party enforcement litigation and regulatory compliance.  A nationally recognized authority on NPDES storm water compliance issues since 1990, Mr. Funderburk broadened his practice to include all aspects of environmental administrative compliance and litigation under Proposition 65, CERCLA, RCRA, Clean Air Act, Clean Water Act, TSCA and Endangered Species Act .  His practice also extends to representing clients before most state, regional and local agencies in California including Boards of Supervisors, the State Assembly, the State Senate, the Governor’s office, the California Energy Commission, the Franchise Tax Board, all air quality management districts, all regional water quality control boards and all agencies in the California Environmental Protection Agency.  On the national level Mr. Funderburk has appeared before the U.S. Congress, various councils under the jurisdiction of the White House and government agencies ranging from the Departments of Energy, Interior, State and Defense to the U.S. Environmental Protection Agency.

Admitted to the bar:
1991, Pennsylvania and District of Columbia
1995, California.

Education:
Georgetown University Law Center (J.D., 1990)
Yale University (B.A., 1985)

REPRESENTATIVE ENGAGEMENTS:

Citizen Suit Litigation

As You Sow v. Ellis Paint Company.
Defended several separately filed actions against paint companies. Defended Proposition 65 action for failure to provide adequate warning on paint cans.

California Earth Corps. v. Martin Brass Foundry, et al.
Defended six foundries in 10 separately filed actions (between January 1996 and February 1997). Achieved six dismissals with prejudice after individual demands ranged from $200,000 to $800,000 per site.

California Sportfishing Protection Alliance v. Lodi Iron Works
Currently defending in federal court (E.D. Cal.) lawsuit brought by a citizen group alleging violations of Clean Water Act storm water discharge permits. Achieved favorable settlement and seeking

Natural Resources Defense Council and Environmental Law Foundation v. Badger Meter, et al.
Defended two water meter manufacturers in a case brought against the water meter industry. Conducted early evaluation and achieved early and very low dollar settlement prior to defense defeat on the issue of whether “discharges to sources of drinking water” of lead occurred. Case subsequently settled for seven figures with remaining defendants. Plaintiffs were represented by the Milberg Weiss Lerach law firm.

CERCLA Litigation

California Department of Toxic Substances Control v. William Huffman, et al.
Defend PRP Group of scrap recyclers in Federal court against allegations under CERCLA and RCRA and state law for contamination at a smelting facility in the Mojave Desert at one of the largest California Superfund sites. Sued over 150 defendants for contribution leading to seven figure settlements. Brought actions against insurers for site operator under the California Probate Code. Sought and obtained court decision denying partial summary judgment on the issue whether recycling amendment to CERCLA is retroactive.

City of Rialto, et al. v. Department of Defense, et al.
Currently defending in federal court (C.D. Cal.) former trustees and landowners of contaminated property in $500 million CERCLA (federal Superfund) litigation to recover costs of alleged perchlorate contamination from explosives, fireworks and other manufacturing operations in Rialto.

Consumer Cause v. ITT Sheraton, et al. (and related litigation against hotel chains, including In Re Cigar Smoke Litigation.)
Defending several hotel national hotel chains and Fortune 100 company against allegations of failure to warn for sales of cigars under Proposition 65 and for exposure without warning to second hand smoke of employees and guests. Won dismissals with prejudice and spearheaded, argued and won the appeal in Yeroushalmi v. Miramar Sheraton., 88 Cal.App.4th 738 (2001).

Courtaulds Aerospace v. William Huffman, et al.
Represented joint defense group in CERCLA cost recovery action brought by British aerospace company for clean up of property adjacent to a smelting facility. Interfaced at highest levels with the Department of Toxic Substances Control on interpretation of amendment to California regulations. Worked on legal aspects of RI/FS and obtaining DTSC approval under consent decree.

State of California v. Southland Oil, et al.
Represented over 50 companies, which included many Southern California automobile dealers and several Fortune 200 companies, in the formation of De Minimis Defense Group. Achieved 90% reduction in the settlement demand for entire group in action brought by PRP Committee to recover costs incurred to implement consent decree in action against the California Attorney General’s office.

Adminstrative Enforcement, Regulatory Compliance and Due Diligence

South Coast Air Quality Management District v. Gregg Industries
Defend foundry owned by Fortune 1000 public company in odor abatement action to close foundry. Advised on all aspects of defense including crisis management, community relations, Title V compliance, AQMD permit compliance, oversight and coordination of environmental consultants and administrative mandamus research.

Los Angeles Regional Water Quality Control Board v. O’Neil Construction
Advised company in administrative enforcement action against construction company for violations of the Construction Activities General Storm Water Permit. Negotiated favorable settlement which included obtaining contribution from the general contractor.

Chemical Batch Processing Monitoring Group, California Paint Council Monitoring Group, Paper, Glass and Plastic Recyclers Monitoring Group and Metal Casting Stormwater Monitoring Group.
Represent groups of foundries, die casters, paper and glass recylers, paint companies, chemical specialty manufacturers, roof coatings manufacturers and lubricant manufacturers or their California subsidiaries, including 20 Fortune 200 companies, in all Federal Clean Water Act storm water proceedings before all nine Regional Water Quality Control Boards and the State Water Resources Control Board. Successfully lobbied State Water Board for exception to permit statewide groups. Incorporated the groups under Section 501(c)(6) of the Internal Revenue Code for compliance under general storm water permit (NPDES). Achieved approval of group monitoring plan every year since 1992. Defend administrative enforcement actions brought by Regional Water Boards against group members. Serve as board member, general counsel, secretary and/or treasurer to the groups.

Coalition for Regulatory Flexibility.
Executive Director and General Counsel to group to oppose EPA implementation of benchmarks and numeric limitations in storm water runoff permits. Formulating nationwide advocacy strategy to persuade the White House Council on Environmental Quality, the U.S. Environmental Protection Agency and the State Water Resources Control Board to modify the benchmarks in the multi-sector industrial storm water permits.

(Confidential Emerging Environmental Technology Company)
Regulatory Counsel to company with licensed patented technology to remediate dioxins, benzo furans, pesticides and other heavy molecular contamination on a non-thermal basis. Interface with major regulatory agencies to obtain successfully variance under tiered permitting scheme. Coordinate regulatory and finance strategy.

(Confidential Foreign)
Advised representative emissaries European Union member country on transfer of new energy technologies and capitalization of California energy crisis. Advised members of the Governor's office in connection with this technology transfer of geothermal exploration technologies. Negotiated and drafted first of its kind Memorandum of Understanding between the State of California Technology, Trade and Commerce Agency and the Country of Iceland Ministry of Trade and Commerce.

(Confidential Fuel Additive Technology)
Product Development Counsel to company with non oxygenate fuel additive technology. Coordinated all phases of environmental and intellectual property due diligence including review of EPA fuel additive regulations, State Air Resources Board regulations, review of company contracts, prosecution of domestic and international patent applications, review of trade secret issues and review of OSHA and EPCRA issues. Interfaced with Managing Directors of Norwegian and Singapore investor groups to instill confidence in financing.

(Confidential Remediation Technology)
General counsel to investment buy out group, as well as technical and regulatory advisors, on corporate formation, negotiation of purchase, and intellectual property due diligence for perchlorate and nitrate remediation technology company.

(Confidential Energy Systems Integration Company).
General Counsel to company engaged in location, sitting permitting and systems integration of ultra clean distributed power systems units and in geothermal exploration. Negotiated and arrange seed round and first round financing, as well as restructuring of company and share purchase by management consulting firm for the California Cast Metals Association.

White Collar Criminal Environmental Litigation

People v. LMD Warehouse, et al.
Defended manufacturing subsidiary of Fortune 50 corporation against criminal federal hazardous material transportation laws brought by Los Angeles City Attorney. Conducted in depth investigation of claims. Case dismissed with prejudice with no monetary settlement one day before trial.

People v. James Jones Foundry, Mueller Co., Tyco International (US) Inc., et al.
Defending Fortune 100 Company and its subsidiaries in California False Claims Act case and Unfair Business Practices Act in multi-forum litigation (Los Angeles Superior Court Central Civil West, complex calendar; federal court in Illinois) in the state of California alleging negligent and fraudulent valve manufacturing practices in dealing with over 130 California water agencies. Liability demand is in excess of $1 billion. Work with white-collar counsel while focusing on the alleged environmental contamination (lead) discharge issues relating to the water works system and related insurance coverage issues. Counseled client on administrative government contract debarment issues.

People v. Asphalt Oil Products Corporation.
Defended roof coatings manufacturer against allegations by City of Berkeley and action by District Attorney of Alameda County for illegal disposal of hazardous waste and for illegal storm water discharges.

People v. Keelco Anodes, et al.
Defended individual and corporate defendant in case brought by the Los Angeles District Attorney’s office for illegal transportation of hazardous waste to lead smelter in Mexico. Supervised white-collar counsel and presented regulatory defense resulting in favorable plea and reduction of 16 count, $1.6 million complaint.

Publications:
"Highly Charged: Utilities Commission Decision Will Aid Alternative-Energy Generation", William W. Funderburk Jr. and David Niebauer (2003)

"Changing Tide" by Scott D. Pinsky and William W. Funderburk, Jr. (August 8, 1997 issue of the Daily Journal) "Commission Tries to Balance Needs of Power Users, Utilities", By David M. Niebauer and William W. Funderburk Jr. (The Daily Journal, November 13, 2002)

"Long Live Recycling" by William W. Funderburk, Jr. and Lisa J. Morelli. (June 16, 2000 issue of the Daily Journal)

“Defense Strategies in Proposition 65 Litigation", By William W. Funderburk, Jr. and Peter Muthig (Environmental Law Section of the State Bar of California, Vol. 9, No. 2 Spring 2000)

"Plaintiffs Injury Is Still the Focus To Evaluate Standing", By William Funderburk and Lisa Morelli (The Daily Journal, Feb 9, 2000)

"Retrospective Application of the Superfund Recycling Equity Act: A Brave New World for the Recycling Industry" by William W. Funderburk, Jr. and Lisa Morelli. (August 2000 issue of the California Environmental Law Reporter)

"California's Revised Industrial Storm Water Permit: A Practical Review of the Regulations and Their Enforcement" by William W. Funderburk, Jr. (Lead Article, June 1998 issue of the California Environmental Law Reporter)

"Expensive Favor?" by William W. Funderburk, Jr. and Ruben A. Castellon. (June 18, 1998 issue of the Daily Journal)

“Citizen Steel" by William W. Funderburk, Jr. and Ruben A. Castellon. (April 29, 1998 issue of the Daily Journal)

"Discharge Account" by William W. Funderburk, Jr. and Marisa Moret. (May 9, 1997 issue of the Daily Journal)

"Montrose Chemical Corp. v. Superior Court" by Richard A. Dongell and William W. Funderburk, Jr. (Case Commentary, January 1994 issue of the California Environmental Law Reporter)

“Catellus Development Corp. v. United States" by Lisa J. Morelli and William W. Funderburk, Jr. (Case Commentary, October 1993 issue of the California Environmental Law Reporter)

"California's Storm Water Regulation: A Practical Review of the Regulations and Their Enforcement" by William W. Funderburk, Jr. and Jonathan L. Blinderman (Lead Article, November 1993 issue of the California Environmental Law Reporter)

Political Activities:
Finance, Carter for President (1980, Democratic Convention)
Press Aide, Mondale for President (1984)

Appointed by:
California Insurance Commissioner, Environmental Liability Insurance Task Force (1992-1994)
US Environmental Protection Agency, National Phase II Storm Water Advisory Board (1992-1993)
Los Angeles County District Attorney and Los Angeles City Attorney, Environmental Crimes Sentencing Task Force(1993-1995)
California Office of Planning and Research, Environmental Justice Legal Tack Force (2002-2003)
Los Angeles County Board of Supervisorts, Natural History Museum (Board of Trustees and Board of Governors, 2004-present)
Los Angeles County Bar Association, Environmental Section (Executive Committee, 2006-present)

Member:
District of Columbia Bar
State Bar of California (Environmental Section)
American Bar Association (Member, Sections on: Natural Resources Energy and Environmental Law; Labor and Employment Law; Administrative Law and Regulatory Practice)
Thompson Publishing National Stormwater Advisory Board (1994-present)
Board of Directors (1996-2001, counsel on merger with National Environmental Education Trust Fund), The EnvironMentors Project
Board of Directors, Wildlife On Wheels (Chairman, 1999-2003)
California Minority Counsel Program (Member, 2003-present; Steering Committee, 2004-present

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