About CERT

Californians for Enforcement-Reform and Transparency (”CERT”) is a diverse group of industries and trade associations (with thousands of affected members) that have come together to work in cooperation with the California Air Resources Board (”CARB”) and other stakeholders to adopt needed improvements to CARB’ s compliance and enforcement programs.

CERT Consultants

• John D. Dunlap, III (Dunlap Group)
• William M. Guerry, Jr. (Kelley Drye & Warren LLP)

John D. Dunlap, III

John started his career in environmental advocacy and consulting in early 2004. His practice area has been focused on developing and implementing strategies for regulatory advocacy and compliance. Using sophisticated education and communication approaches aimed at changing/enhancing the development of environmental regulations already underway to assist his client base. 

His approaches include, developing efficient messaging, using economic modeling and source test data, personal and using political relationships established by over 25 years of experience in the environmental regulatory arena. John has extensive executive branch and Cal/EPA advocacy experience and has gained credibility through his service in several executive posts held at the California Air Resources Board, the South Coast AQMD and the California Department of Toxic Substances Control.   

His client base includes: construction and contracting, development, production agriculture, trade associations, equipment, automotive and motorcycle manufacturers, alternative and petroleum fuels and additives, clean technologies, home-owners associations, insurance companies, dairies, restaurant chains, and hospitality and tourism organizations. He has extensive experience with coalition advocacy and grass-roots program development, as well as implementation of communication campaigns aimed at earning both wide-spread and targeted community and political support. 

John has been very active in the development of advocacy programs representing priority industry sectors subject to AB 32, California Global Warming Solutions Act of 2006. Since, AB 32 was enacted he has tracked virtually all technical and regulatory efforts surrounding the California GHG effort. He has advised the Governor’s Office, State Legislative Leadership and CARB Chair and Executive staff on planning and resource issues regarding the successful implementation of the measure. He enjoys extremely strong working relationships with the Climate Change Program staff leadership at CARB, having worked with many of them in various regulatory capacities over the past 15 years. 

Over the past four years, John has successfully represented dozens of clients on complex environmental regulatory issues, negotiating mutually beneficial outcomes for his clients. His knowledge of “regulatory intent” and the ability to bring two sides together has both saved his client’s time and money and benefited public health and the environment. 

Formerly, John served as President and CEO of the 20,000-member California Restaurant Association (CRA). He served the CRA from 1998 to 2004 and led the 100 year-old southern-California-based trade association into the 21st century. John oversaw all aspects of the CRA’s services – from governmental affairs, industry messaging and local outreach and education. He also grew the CRA’s Political Action Committee (PAC) over 300%, making it the one of largest small business PAC’s in California. Under his leadership, membership grew by over 100 percent. 

John also has a broad and extensive background in government service. In 2003, he was appointed by Governor Gray Davis to serve as Chairman of the State Compensation Insurance Fund (SCIF), California’s largest provider of workers’ compensation and as a member of the California Travel and Tourism Commission.  

He also served five years in Governor Pete Wilson’s Administration as Chairman of the Air Resources Board (CARB), where he was responsible for implementation of the California and Federal Clean Air Acts. During his tenure John led the implementation of fair-minded and effective regulatory efforts in the automotive, fuels, consumer products and technology-forcing arenas, maintaining CARB’s position as an innovative and world-leader in air pollution control. 

From 1993 to 1994, he served Governor Wilson as Chief Deputy Director of the Department of Toxic Substances Control where he managed external affairs, legislation, and technology development programs.  Prior to his state service, John worked for the South Coast Air Quality Management District for over 11 years serving as Public Advisor, where he helped resolve disputes for businesses and developed outreach programs to educate the public and the regulated community about air quality issues. He has also worked for Congressman Jerry Lewis (R-Redlands), former House Appropriations Committee Chairman. 

Additionally, John has served as a Commissioner and Executive Committee member of the California Travel and Tourism Commission, John was involved in the planning and implementation of the state’s marketing and advertising program. John has been active with the California Travel Industry Association (CALTIA) serving as Chairman in 2002 and serving as the long-time Chair of their CALTIA Political Action Committee; he has served on the Board’s of the National Restaurant Association, the California Taxpayer’s Association and the American Red Cross. 

John resides in northern California with his wife, Jane. 

Noteable Positions Held
Chairman – State Compensation Insurance Fund (SCIF) – 2003
Commissioner – California Tourism and Travel Commission
Chairman – California Air Resources Board (CARB) – 1994-1999
Chief Deputy Director – Department of Toxic Substances Control – 1993-1994

Education
Ph.D. Post-Graduate work at Claremont Graduate University
M.P.P. Claremont Graduate University
B.A. University of Redlands

 Contact
Ph: (530) 823-2085
Fax: (530) 823-2087
E-mail: john@dunlapgrp.com
Website: www.dunlapgrp.com

William M. Guerry, Jr.

Bill Guerry is a partner in the firm’s Washington, D.C. office. He focuses his practice on environmental and renewable and alternative fuels. For more than 20 years, Mr. Guerry has represented corporate clients and national trade associations on major environmental matters before the U.S. Congress, U.S. Environmental Protection Agency (EPA), numerous state EPAs and the federal courts.

For the last 10 years, Mr. Guerry has served as lead outside counsel on all legal issues to the Outdoor Power Equipment Institute (OPEI), which represents manufacturers of lawn and garden equipment and small engines.

Clean Air Act
Mr. Guerry is a nationally recognized lawyer in the Clean Air Act as it applies to “mobile sources,” including non-road engines, vehicles and equipment, and to renewable and alternative fuels such as biodiesel, synthetic fuels and ethanol.

Mobile Sources– Mr. Guerry has worked successfully on legislation, regulations and litigation to expand federal pre-emption over conflicting state and local requirements to ensure uniform, national regulation of “mobile sources.” His experience includes all aspects of federal and California exhaust and evaporative emission regulations – applicable to off-road engines and equipment – including certification, importation, distribution and enforcement. He has successfully resolved more than a dozen enforcement cases brought by the California Air Resources Board (CARB) or EPA against individual non-road engine and equipment manufacturers. Mr. Guerry is among the founders of Californians for Enforcement-Reform and Transparency (CERT), a group that encourages improvements to CARB’s enforcement program.

Alternative and Renewable Fuels– Mr. Guerry has extensive experience working on legislative and regulatory issues involving mid-level ethanol. His representation of the AllSAFE consumer and manufacturing coalition resulted in favorable amendments to the fuel waiver provisions of Section 211(F)(4) of the Clean Air Act. He currently represents producers of renewable synthetic diesel fuel derived from woody biomass. Mr. Guerry also serves as General Counsel and represents the Low Carbon Synthetic Fuels Association (LCSFA) before EPA and other government entities.

Stationary Sources– With respect to “stationary sources,” Mr. Guerry’s experience includes new source review (NSR), prevention of significant deterioration (PSD), new source performance standards (NSPS), and hazardous air pollutants and related permitting programs, as well as responding to EPA Section 114 information requests and related citizen suits and enforcement matters.

Climate Change
Mr. Guerry has substantial experience providing strategic legislative and regulatory counsel to shape climate change initiatives such as: renewable, low-carbon fuels; offsets for the biosequestration of carbon; and financial incentives for the production and sale of alternative fuels and cleaner technologies.

Hazardous Waste
Mr. Guerry counsels clients on hazardous waste regulations governing the generation, storage, treatment, disposal, recycling and export of secondary materials from steel manufacturing, metal recycling and industrial laundering, as well as environmental remediations, including corrective action.

Other Areas
Mr. Guerry represents clients in connection with the management and disposal of polychlorinated biphenyls (PCBs) under the Toxic Substances Control Act (TSCA); various Clean Water Act compliance issues, including point-source and stormwater permits and discharge limits; all aspects of Section 313 of the Emergency Planning & Community Right-to-Know Act (EPCRA), including the calculation of activity thresholds and the reporting of toxic releases; and toxic tort litigation involving disinfection byproducts in drinking water.

Prior Experience
Mr. Guerry served as a law clerk to Virginia Supreme Court Justice Charles S. Russell from 1986-1987.

Client Advisories:
“EPA Requires Manufacturers and Importers of Children’s Products to Report Information on Potential Lead Content and Exposure,” February 19, 2008.

Bar Admissions:
District of Columbia, 1988
Virginia, 1987

Education:
University of Virginia School of Law, J.D., 1986
University of Virginia, B.A., magna cum laude, 1983

Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108