William G. Malley

Bill Malley's practice primarily involves environmental counseling, litigation, and strategic advice on matters relating to infrastructure project development. He has extensive experience with issues arising under the National Environmental Policy Act and other federal environmental laws, including the Clean Water Act, the Clean Air Act, the National Historic Preservation Act, the Endangered Species Act, and Section 4(f) of the Department of Transportation Act. In addition, Bill has recently advised a number of clients on applications for federal financial assistance from the U.S. Department of Energy for the development and production of more energy-efficient technologies.

In the project development field, Bill has a national practice involving the representation of project sponsors on the environmental reviews for major infrastructure projects. His recent experience includes work on highway and toll road projects in West Virginia, Indiana, Maryland, Utah, and North Carolina, as well as projects in other States. Bill also has been involved in a wide range of other projects, including transit projects, airports, a major international gas pipeline, a large rail-haul landfill, a hydropower project, and the new headquarters complex for a large federal agency. During the environmental review process, Bill works closely with project sponsors and their consultant teams to develop and carry out legally sound strategies for completing all of the required environmental reviews. When litigation is filed challenging project approvals, Bill assists clients in successfully defending those challenges, by working closely with government lawyers to present a well-coordinated and effective defense.

In addition to his role as counsel to project sponsors, Bill serves as an advisor to a national association of transportation agencies on regulatory and legislative issues. In that capacity, he was involved in the most recent surface transportation legislation and related rulemakings, including provisions that established new environmental review requirements; allowed delegation of certain authorities to State transportation agencies; established a new statute of limitations for challenges to project approvals; amended transportation planning requirements; and amended the air quality conformity requirements of the Clean Air Act. On behalf of the same association, he is currently involved in climate change legislation and the next transportation authorization legislation.

In the cleantech field, Bill has advised a number of clients in preparing applications for loans and other forms of federal financial assistance from the U.S. Department of Energy under programs designed to encourage the development of more energy-efficient technologies. These programs include the Advanced Technology Vehicle Manufacturers Program and the Title XVII Loan Guarantee Program. Applicants for federal financial assistance must comply with a wide range of legal requirements that do not apply to private financing, including the need for environmental reviews under NEPA. Applicants must also complete detailed applications demonstrating that their proposals are economically viable and fully satisfy the specific eligibility requirements for the loan or grant program. Applicants that are selected for financing must then undergo rigorous due diligence reviews. Bill has extensive recent experience working with several clients to complete applications for DOE financing.

In addition to advising clients on project development matters, Bill speaks regularly on environmental and transportation issues at transportation industry meetings. He also has authored or co-authored numerous publications on environmental and transportation law issues.

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, Board Member, 2002 - present

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