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William C.B. Underwood
Shareholder

(602) 530-8125bu@gknet.com

With more than 25 years of experience in federal, state, and local air quality laws and in representing clients across the U.S. from a variety of industries, Bill is uniquely skilled at providing effective counsel and working toward solutions that best serve his client’s specific needs. Bill is dedicated to helping clients understand their compliance obligations under the myriad of air quality programs, regulations, and agency guidance so that such obligations can be managed as effectively and efficiently as possible.

Given the multi-disciplinary nature of air quality matters, Bill often serves as a catalyst for creating a team approach to problem solving by working closely with management, technical and operational personnel, consultants, and regulators to achieve favorable results for his clients.

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William C.B. Underwood

A hallmark of Bill’s practice is assisting clients obtain air quality permits or permit revisions to authorize new facilities or changes at existing facilities in a timely manner. Bill helps clients identify applicable requirements, prepare applications, and negotiate with permitting authorities to establish permit terms that clearly and accurately reflect underlying legal obligations, impose conditions that are least burdensome as possible, and provide necessary operational flexibility. He also regularly assists clients in developing systems that ensure compliance after permit issuance, as well as with the preparation of compliance certification, monitoring, and other reports required by the permit.

While Bill counsels clients to take a proactive approach to air quality regulatory compliance, even the most well-managed facilities can experience problems. When problems occur, Bill helps clients take appropriate corrective action and provide applicable notifications to regulators. Moreover, Bill has substantial experience assisting clients in responding to agency requests for information, notices of violations, and enforcement actions. With his keen insight, Bill has helped clients successfully resolve compliance issues and, when necessary, negotiate orders or other settlement agreements with enforcement authorities.

REPRESENTATIVE EXPERIENCE

  • Representing major industrial, manufacturing, mining, oil and gas, and utility clients in obtaining county, state, and federal air quality permits, including Prevention of Significant Deterioration (PSD), Nonattainment Area New Source Review (NSR), and Title V operating permits.
  • Conducting environmental compliance audits at major industrial, manufacturing, and mining facilities and assisting clients obtain protections afforded under state and federal self-disclosure, audit privilege, and immunity provisions.
  • Counseling major industrial, manufacturing, mining, oil and gas, rock products, and utility clients on compliance with county, state, and federal air quality regulations, including New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), Regional Haze, Accidental Release Prevention, Stratospheric Ozone Protection, and Asbestos.
  • Assisting major industrial, manufacturing, and mining clients with the development of environmental management systems and compliance management strategies.
  • Defending major industrial, manufacturing, mining, oil and gas, rock products, and utility clients against county, state, and federal enforcement actions alleging violations of air quality regulations and permit conditions.
  • Representing industry and trade group organizations in county, state, and federal rulemaking and legislative actions, including comprehensive revisions to the Arizona Department of Environmental Quality NSR permitting rules.

ASSOCIATIONS & MEMBERSHIPS

  • State Bar of Arizona, Environmental and Natural Resources Law Section, Member
  • Maricopa County Bar Association, Environmental and Natural Resources Law Section, Member
  • Arizona State University, Center for Environmental Studies, Past Adjunct Faculty
  • Arizona Chamber of Commerce and Industry, Air Quality Subcommittee, Member
  • Arizona Mining Association, Air Quality Subcommittee, Member

HONORS & AWARDS

  • Best Lawyers in America®, Environmental Law, 2024-2025; Natural Resources Law, 2023-2025

News

  • Best Lawyers in America® 2025 Recognizes 51 Gallagher & Kennedy Attorneys - August 15, 2024
  • Best Lawyers in America® 2024 Recognizes 52 Gallagher & Kennedy Attorneys - August 21, 2023
  • Best Lawyers in America® 2023 Recognizes 41 Gallagher & Kennedy Attorneys - August 18, 2022

PUBLICATIONS

  • The Common Law Impetus for Advanced Control of Air Toxics, 29 ELR 10,003 (1999)
  • Unreviewable Discretionary Justice: the New Extreme Hardship in Cancellation of Deportation Cases, 72 Ind. L.J. 885 (1997)

EVENTS

  • "ADEQ NSR Rule Revisions," Environmental Professionals of Arizona, 2012 Gatekeepers Regulatory Roundup - March 2012
  • "ADEQ NSR Rule Revisions," Southern Arizona Environmental Management Society, 1st Annual Regulatory Roundup - February 2011
  • "Climate Change: Regulation of Greenhouse Gases Under the Clean Air Act," Arizona State University, College of Technology and Innovation - September 2010
  • "Air Quality Regulation," Maricopa County Bar Association, Environmental Law 101 - September 2010
  • "Air Quality Regulation," Arizona State University, College of Technology and Innovation - October 2008
  • "Arizona Air Quality Regulatory Developments," Arizona Chamber of Commerce and Industry, Arizona Chamber Environmental Summit - August 2008
  • "Arizona HAPs Rule Litigation Update," Arizona Chamber of Commerce and Industry, Environmental Issues Breakfast Meeting - May 2008

PRACTICE AREAS

  • Administrative & Regulatory
  • Environmental & Natural Resources

Bar & Court Admissions

  • Arizona, 1997
  • U.S. District Court, District of Arizona, 1997
  • U.S. Court of Appeals, Ninth Circuit, 1998

Education

  • Indiana University
    J.D., 1997
    Notes & Comments Editor, Law Journal
  • Arizona State University
    M.B.A., 1994
  • University of Nevada, Las Vegas
    B.S., 1991

Contact G&K

 

Phoenix
2575 E Camelback Road,
Phoenix, AZ 85016

Phone: (602) 530-8000
Fax: (602) 530-8500
Santa Fe
1239 Paseo De Peralta,
Santa Fe, NM 87501

Phone: (505) 982-9523
Fax: (505) 983-8160
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