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Malcolm C. Weiss: Lawyer with Hunton & Williams LLP

Malcolm C. Weiss

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Los Angeles,  CA  U.S.A.
Phone213-532-2130

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 5.0/5.0
AV® Preeminent

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Practice Areas

  • Clean Air Act
  • Climate Change
  • Environmental Auditing
  • Environmental Cleanup
  • Product Warning Labels
  • Environmental Due Diligence
  • Environmental Insurance
  • Environmental Penalties
  • California Environmental Quality Act
  • Environmental Permitting
  • Environmental Products Liability
  • Environmental Compliance
  • Environmental Regulation
  • Environmental Risk Management
  • Hazardous Materials and Substances
  • Hazardous Waste Liability
  • Indoor Air Quality
  • Property Remediation
  • Superfund
  • Underground Storage Tanks
  • Chemical Products Liability
 
University University of California at Santa Barbara, B.A., with honors, 1979
 
Law SchoolNorthwestern University School of Law, Lewis and Clark College, J.D., 1982
 
Admitted1983, California
 
Memberships American Bar Association (Board Member, Prop. 65 Clearinghouse Advisory Board; Founding Member, Environmental Auditing Roundtable; Member and Past Vice-Chair, Section on Environment, Energy and Resources, 1997-1998); California Bar Association; Los Angeles County Bar Association (Chair, Environmental Law Section, 1998-1999; Chair, Air Quality Sub-Section, 1994-1995).
 
Special AgenciesU.S. EPA, Cal/EPA, SCAQMD (and other local air districts), State and Regional Water Boards, DTSC.
 
BornRichmond, Virginia, August 9, 1956
 
Biography

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.

 
Reported CasesConsumer Advocacy Group, Inc. v. Kintetsu Enterprises of America (Cal. App. 4th Circuit) (2006). Consumer Def. Group v. Rental Housing. Indus. Members (Cal. App. 4th Circuit) (2006). PSC Geothermal Services Co. v. Superior Court, 31 Cal.Rptr.2d 213 (1994) (concerning District Attorney's search and seizure of environmental consultant files). The Steel Co. v. Citizen For A Better Environment, Amicus Curiae Brief, 523 U.S. 83, (1998).
 
ISLN902869262
 
Transactions Environmental Due Diligence for acquisition of American Golf Corp. and National Golf Properties by Goldman Sachs, 2002/2003.
 

Documents by this lawyer on Martindale.com

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Outlook for 2012: New REACH Challenges Ahead
Lucas Bergkamp,William D. Dannelly,Nicolas Herbatschek,Suriya Jayanti,Daniel Uyesato,Malcolm C. Weiss,Anke van Bergeijk, January 20, 2012
This coming year will bring new challenges for chemical manufacturers, importers, distributors and users. After the busy 2010 REACH registration year, the European Chemicals Agency (ECHA) started in 2011 with the evaluation of testing proposals and dossiers, and industry geared up for getting 2013...

European Court Rules on Standing and Deadline for Challenging the Inclusion of Chemicals on the REACH Candidate List
Lucas Bergkamp,William D. Dannelly,Nicolas Herbatschek,Daniel E. Uyesato,Malcolm C. Weiss,Anke van Bergeijk, October 25, 2011
The European Court of Justice recently ruled in four cases related to the REACH Regulation's Candidate List. These cases, which were brought by companies involved with chemical substances included on the Candidate List (borates and acrylamide), dealt with standing requirements for plaintiffs and...


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Office Information

Malcolm C. Weiss
Hunton & Williams LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071




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