Malcolm's practice covers a wide range of complex environmental law issues.
Malcolm has extensive experience with air quality, California Proposition 65, product safety, climate change, hazardous materials/wastes, California Environmental Quality Act (CEQA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), pesticides and labeling (FIFRA), contaminated properties, under-and above-ground tanks, water law, environmental auditing and transactional due diligence. Malcolm represents clients on leading edge issues such as California's Global Warming Solutions Act, (AB 32), California's Green Chemistry Initiative, emissions trading, environmental insurance and consumer product safety (including CPSIA) matters.
Within the above fields, he represents clients with permitting new and expanding facilities, navigating rulemaking processes, complying with regulations, defending agency enforcement actions, emissions (including carbon) trading, understanding complex regulatory programs and citizen suits. His clients include large and small companies in the industrial minerals, energy, oil, manufacturing, aerospace, real estate, automotive, hospitality, and financial sectors and trade associations.
Following law school, Malcolm began his career at the U.S. Environmental Protection Agency Headquarters in Washington, D.C. He left EPA to co-found AER*X, the nation's first emissions trading consulting and brokerage firm. Malcolm subsequently opened AER*X/RMT's (an environmental and engineering consulting firm) first California office. From 1988 to 1999, Malcolm was at McClintock, Weston, Benshoof, Rochefort Rubalcava & MacCuish. He joined Jeffer, Mangels, Butler & Marmaro, LLP in 1999 and was there through 2008, when he joined Hunton & Williams.
Relevant Experience
Regulatory Agencies: Malcolm represents a broad array of clients before local, regional, state and federal agencies in permitting projects/facilities, defending enforcement actions, compliance matters, seeking variances and at rulemaking hearings.
California's Proposition 65: Innovatively represents trade associations and their members, industrial facilities, large and small manufactures, distributors and retailers relating to copious claims brought by the California Attorney General local prosecutors, and private plaintiffs to defend against alleged consumer products, occupational and environmental exposures. Malcolm counsels clients on risk management, testing and systems to comply with Proposition 65.
Energy and Alternative Energy: Lead and supporting counsel on various energy projects involving siting, licensing, certification (California Energy Commission) and compliance. Projects include natural gas, bio-mass, pump water storage, landfill gas, coal, wind and geothermal.
Product Safety: Frequently advise clients on CPSC requirements including CPSIA, Federal Hazardous Substances Act and Flammable Fabrics Act and pesticides, pesticide products, and antimicrobial claims. Assists clients with product labeling.
Emissions Trading: Actively engaged in emissions trading issues, including generating, certifying and preserving emission reduction credits (ERCs), negotiating and documenting transactions, including carbon credits.
Handled all aspects of a multi-agency (local, regional, state and federal) investigation pertaining to a large waterfowl and fish die-off resulting in no enforcement action against client.
Joint and individual representation of multiple construction and industrial materials industry clients to defend local air agency enforcement allegations. Matters concluded with minor penalties, but also a requirement that the agency beneficially amend specified regulations.
Simultaneously managed five environmental/engineering consulting firms conducting extensive environmental; assessments of approximately 250 properties in multiple countries. Necessary to close a $1,100,000,000 transaction.