Selected Environmental Experience for William J. Brotherton

As Legal Counsel

Represented a real estate developer in a Clean Water Act violation. Developer was cited for stormwater violation, along with three homebuilders. Original consent decree stipulated fine of over $125,000; coordinated defense with builders’ counsel, and through two settlement conferences with EPA Region VI staff, negotiated developer’s fine to under $8000.00.

Represented purchaser of industrial warehouse in downtown Dallas. Adjacent to the site was a service station with a leaking underground storage tank, that was undergoing remediation. Coordinated with the Texas Natural Resources Conservation Commission (TNRCC), the oil company’s representative, and an engineering firm to determine future environmental risk to client. The purchase of the property was successfully concluded.

Served as a member of the Environmental Advisory Board for Marathon U.S. Realties, Inc., a subsidiary of Canadian Pacific Railroad. The board advised the company on national environmental issues. At annual meetings, presented a summary of pertinent environmental legislation enacted for the year and its impact on the corporation.

Coordinated development of a national environmental policy for a national roofing products company in Texas. The company had manufacturing plants throughout the country. Personally performed environmental audits at their plants in Louisiana, Texas, California, Georgia, AR, Pennsylvania, Oregon, and South Carolina. Significant issues included Title 5 Air permits, stormwater permits, wastewater permits and various remediation issues.

Retained by a national telecommunications company to present environmental law seminars at key management sites throughout the Southeast, including Charlotte, North Carolina, Columbia, South Carolina, Atlanta, Georgia, Miami, Florida, and Jacksonville, Florida. The seminars addressed the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Responsibility and Liability Act.

Retained by the Bill Priest Institute for Economic Development, Dallas, Texas, to present environmental law seminars to various small businesses groups. Topics included compliance with the Clean Water Act, Clean Air Act, RCRA and CERCLA.

Represented a commercial landowner in a land condemnation action for a state highway. Coordinated with land appraisers to develop comparables, and then argued for a representative land payment at the condemnation hearing.

Represented a family against a municipality that was taking family land through environmental condemnation for a new wastewater treatment facility.

Represented landowner in lawsuit against municipality after municipality annexed landowner’s property. Successfully obtained injunction against municipality; all issues ultimately resolved.

Filed suit against two environmental remediation companies for almost half million-dollar overcharge in remediation of national trucking company’s petroleum underground storage tanks at one of their major terminals. Case settled.

Represented scrap metal company after the Environmental Protection Agency submitted a consent decree calling for the scrap metal company to pay substantial de minimus contributions for a Superfund site cleanup. The Company paid no contributions to the EPA.

Have represented a number of commercial developers before various Planning & Zoning Commissions and City Councils regarding development approval.

Certified mediator. Member of the U.S. Institute for Environmental Conflict Resolution

As an Environmental Consultant

Prepared Clean Air Act permits for a semiconductor manufacturing facility in Farmers Branch, Texas.

Prepared Clean Air Act permits for a semiconductor manufacturing facility in Irving, Texas.

Performed RCRA compliance audits at a national defense firm’s facilities in Sherman, Lewisville, and Lubbock, Texas.

Consulted on various RCRA and Clean Water Act issues at the Andrews Corporation facility in Denton, Texas.

Provided wastewater system consulting services to the former Elfab semiconductor facility in Lewisville, Texas.

Provided wastewater system startup and consulting services for Texarkana Water Utilities. Provided extensive training services. Also prepared Composting Study.

Prepared bid package, then managed multi-million dollar project for environmental services for Dallas Area Rapid Transit (DART). Contract involved performing environmental studies for future DART right-of-way.

Provided environmental consulting services (two year assignment) to General Motors at their assembly plants in Arlington, Texas and Doraville, Georgia. Consulting involved Clean Water Act and Resource Conservation and Recovery Act compliance.

Managed sensitive environmental project at the Longhorn Army Ammunition Plant in Karnack, Texas. The project involved evaluating over 100 wastewater sumps that were contaminated with the various explosive wastes produced from manufacturing tank and artillery ammunition. Project involved substantial interaction with community interest groups, as facility was on Caddo Lake.

Provided environmental consulting services to the City of Terrell, Texas regarding wastewater system startup, troubleshooting, training and the industrial discharge permitting program.

Directed program for the State of Georgia to correct National Pollutant Discharge Elimination System (NPDES) permit violations at a major state health care facility’s wastewater treatment plant in Milledgeville, Georgia. Brought facility into compliance within six months.

As the Southwest Regional Manager for BCM Engineers Inc., a national environmental engineering firm, directed multistate environmental projects for major financial institutions and insurance companies such as: NationsBank, Prudential, Bank One, the American General Corporation and Compass Management.

Performed over 40 startups of industrial and municipal water pollution control facilities throughout the country, generally training the operations staff.

Performed or managed over 1500 phase 1 and phase 2 environmental site assessments or environmental compliance audits for either commercial/industrial property or manufacturing facilities.

Worked closely with Certified Industrial Hygienists on numerous asbestos abatement projects, and sick building syndrome projects.

Formerly held Texas Class A Wastewater Treatment License and Georgia Class 1 Wastewater Treatment License. Both licenses were the highest-level license obtainable in wastewater treatment. Also certified in hazardous waste handling operations, including 40 hours OSHA training.

Academic Experience

Since 2003, have served as an Adjunct Professor teaching Environmental Law at Texas Wesleyan University School of Law in Fort Worth, Texas.

Since 1993, have taught Environmental Law as an Adjunct Professor in the graduate Environmental Sciences program at Texas Christian University in Fort Worth, Texas. The course covers the Clean Water Act, the Clean Air Act, RCRA, CERCLA, the Endangered Species Act, Land Use Law and many other environmental laws and regulations.

From 1992 to 1996, taught "Environmental Liabilities in Real Estate Transactions" at the Center for Environmental Research and Training (CERT) at the University of Texas at Arlington.

From 1993 to 1995, was a frequent guest lecturer in Environmental Law at Lamar University in Beaumont, Texas. Lectured on the Clean Water Act, Clean Air Act and RCRA issues.

Have presented lectures in Environmental Law at the University of Texas at Dallas and at the University of North Texas in Denton.

Selected Presentations

Presented "Legal Issues with Environmental Businesses" to a Russian delegation at the Bill Priest Institute in Dallas, Texas. The delegation was brought over as part of a U.S. State Department program.

Presented "Individual Legal Liability" at the Texas Water Pollution Control Association’s annual convention in Fort Worth, Texas.

Presented “Environmental Liabilities in the Oil and Gas Industry” at the American Association of Petroleum Geologists’ national convention in New Orleans, Louisiana.

Presented “Legal Traps for Realtors” at the Greater Lewisville Association of Realtors in Lewisville, Texas.

Boards and Commissions

Former Member, Board of Directors, Upper Trinity Regional Water District, Lewisville, Texas. Also served on the wastewater and regional landfill sub-committees.

Former Vice-Chairman, City of Flower Mound, Texas Planning & Zoning Commission.

Former Chairman of the Economic Development Commission for the City of Flower Mound.

Former Member, Red River Valley Agricultural Energy Commission in Grand Forks, North Dakota. Appointed by Governor of North Dakota. This commission evaluated the use of agricultural waste products for the production of alcohol fuels.

Former Member, Urban Water Resources Commission, Grand Forks, North Dakota.

Former Environmental Lobbyist before the Georgia State Senate representing the Georgia Wildlife Federation.