Allison Foley's practice focuses on a range of environmental and administrative issues critical to the utility industry, including participation in major rulemakings as well as compliance counseling under the nation's environmental and chemical statutes, such as the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Ms. Foley also counsels public and private entities on environmental regulatory and compliance issues related to infrastructure and land development projects, often subject to multiple environmental laws, including the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Clean Water Act (CWA), and federal and state permitting requirements. Ms. Foley handles a range of regulatory issues on behalf of trade associations and private companies, including several matters under the federal Freedom of Information Act (FOIA) and its state counterparts, successfully compelling production of government records and protecting disclosure of sensitive information.
Representative Clients
Ms. Foley represents a number of electric and gas utility companies and trade associations. Together with Venable partners Douglas Green and William Weissman, Ms. Foley is counsel to the Utility Solid Waste Activities Group (USWAG), an association of more than110 energy industry operating companies and trade associations including the Edison Electric Institute, the National Rural Electric Cooperative Association, the American Gas Association, and the American Public Power Association. Combined, USWAG's members service more than 95% of the nation's consumers of electricity. Ms. Foley represents USWAG on compliance, reporting, and enforcement under the full spectrum of federal environmental laws.
On behalf of USWAG and other trade association clients, Ms. Foley has prepared comments on EPA and DHS rulemakings of critical importance to the utility industry, including proposals affecting carbon capture and sequestration, polychlorinated biphenyls (PCBs), solid waste identification, and chemical facility security. Her practice also includes the representation of trade associations in actions challenging and defending final agency rules.
In addition, Ms. Foley's practice includes the representation of various alternative energy and recycling companies on environmental and insurance matters related to significant corporate transactions. Past projects have involved the performance of environmental due diligence and insurance review for the acquisition of electronics recycling operations and, on behalf of lenders and other project participants, for the financing of hydroelectric, wind power, and liquefied natural gas (LNG) operations.
Activities
As a member of the ASTM International E-50 Committee on Environmental Assessment, Risk Management, and Corrective Action, Ms. Foley is currently involved in the development of an ASTM standard promoting greener cleanups. Ms. Foley is also a member of the Women's Council on Energy and the Environment.
Ms. Foley maintains an active pro bono practice and has represented clients in a range of areas including commercial litigation and civil rights matters, as well as various insurance and estate issues.
Memberships
American Bar Association
District of Columbia Bar Association
New York State Bar Association
Member, ASTM Committee E-50 on Environmental Assessment, Risk Management, and Corrective Action
Publications
January 8, 2009, A New Intersection: Environmental Crimes and Victims' Rights
Judson W. Starr, Allison D. Foley
Natural Resources & Environment Journal
First Quarter 2008, The Coast Guard's Environmental Crimes Voluntary Disclosure Policy - What It Does and What It Doesn't Do
David G. Dickman, Allison D. Foley
Benedict's Maritime Bulletin
Events/Speaking Engagements
Past Events
October 12, 2011, "The Changing Landscape of PCB Regulation: TSCA Reform, EPA's Rulemaking, and Related Equipment Management Issues for Utilities," at the MD-DC Utilities 2011 Environmental Conference
Allison D. Foley