William G. Malley

Bill Malley is partner in the Environment, Energy & Resources group, and is managing partner of the Washington, D.C. office. Bill has a diverse environmental, energy, and natural resources practice, which includes strategic advice, regulatory counseling, legislative advocacy, and litigation.  Major aspects of Bill’s practice include:

• Project development.  Bill represents project sponsors during all stages of the environmental review process for major infrastructure projects, including public-private partnerships (PPPs).  He has particular experience with transportation infrastructure projects, including highways and toll roads in West Virginia, Indiana, Maryland, Utah, North Carolina, and Washington State.   He also has advised clients on environmental reviews for many other types of projects, including a transit center, a rail line, several airports, a major international gas pipeline, a large rail-haul landfill, and the new headquarters complex for a large federal agency.  Bill has in-depth knowledge of the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act, Section 404 of the Clean Water Act, Section 7 of the Endangered Species Act, Section 4(f) of the U.S. Department of Transportation Act, and Title 23 of the U.S. Code.
  
  
• Transportation legislation and policy.  As outside counsel to a national association of State transportation agencies, Bill has been directly involved in the development of major federal surface transportation legislation, including the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).  He also has participated in numerous USDOT rulemakings, including major revisions to transportation planning regulations in 2006 and major revisions to Section 4(f) regulations in 2008.  In addition, Bill serves as outside counsel to a coalition promoting electrification of transportation vehicles.  He is familiar with a wide range of federal laws, regulations, and policies affecting vehicle electrification, including vehicle emission standards, battery regulations, and consumer incentives. 
  
  
• Climate change legislation and policy.   Bill advises clients in several sectors regarding the potential implications of federal climate change legislation and policies, with a particular focus on policies to reduce greenhouse gas emissions from the transportation sector.  Bill has spoken extensively on federal climate change policy to diverse audiences, including the Transportation Research Board and the Environmental Law Institute.  He also authored the 2008 publication, "A Primer on Transportation and Climate Change."
  
  
• Federal grants and loans.  Bill leads the firm’s Federal Grants and Loans practice, an interdisciplinary group that assists companies in obtaining federal financial assistance for renewable energy projects and clean technologies.  He has particular experience with U.S. Department of Energy (USDOE) funding opportunities, including the Advanced Technology Vehicle Manufacturing (ATVM) loan program, the Title XVII Loan Guarantee Program (including Section 1703 and 1705), Advanced Research Projects Agency – Energy (ARPA-E) program, and the Small Business Innovation Research (SBIR) program.  He has an in-depth understanding of the eligibility requirements, application procedures, and policy considerations relevant to the DOE’s diverse funding programs.
  
  
• Energy efficiency.  Bill has advised clients regarding USDOE energy efficiency standards for appliances and other equipment, including the EnergyStar program, as well as the USEPA and California regulations governing fuel economy standards for motor vehicles.
  
  
• Administrative litigation.  Bill has represented clients in federal district and appellate court litigation arising under the Administrative Procedure Act (APA).  He has particular experience representing project sponsors in the defense of challenges to federal agency approvals for infrastructure projects.  In this capacity, he also has experience in the negotiation of complex multi-party settlements that avoid or resolve federal litigation, allowing projects to move forward to construction. 

Professional Recognition

• American Bar Association, Section on Environment, Energy, and Natural Resources, Environmental Impact Assessment Committee – Vice-Chair for Programs
• D.C. Bar Association, Environment, Energy, and Natural Resources Section
• Transportation Research Board, Environmental Analysis in Transportation Committee
• Transportation Research Board, Environmental Issues in Transportation Law Committee
• Road Gang

Community Involvement

• Old Naval Hospital Foundation, Finance Committee

Related Employment

• Akin Gump Strauss Hauer & Feld LLP, Washington, DC, Partner, 2000 - 2007
• Cutler & Stanfield LLP, Washington, DC, Associate/Partner, 1993 - 2000

Clerkships

• Hon. José A. Cabranes, U.S. District Court for the District of Connecticut, 1992 - 1993