Allison Watkins Mallick

Partner

[email protected]

San Francisco

P: +1.415.291.6269
F: +1.415.291.6369

Washington, D.C.

P: +1.202.639.7754
Allison Mallick Photo

Allison Watkins Mallick advises clients facing complex environmental challenges, focusing on litigation, regulatory advocacy, and compliance counseling. She assists companies and industry coalitions across multiple sectors, including energy, cement, manufacturing, chemical processing, and agricultural processing. Her work includes defense of environmental permits for new projects and existing facilities, federal and citizen enforcement suits, class actions, and toxic tort claims. As a regulatory advocate, Allison develops strategies for working with agencies and local communities, helps clients participate in state and federal decision-making processes, advises on compliance issues, and handles appeals of agency rules. Allison has litigated cases not only in California but in state and federal venues across the country, including in Arkansas, Iowa, Louisiana, Montana, Oregon, and Washington.

Allison's work covers a wide variety of issues, including environmental justice and climate change. She has experience across all environmental media (air, water, and waste) and has particular experience in air-related issues, having defended Clean Air Act enforcement actions and citizen suits, developed plans for compliance with Regional Haze obligations, and drafted comments on over fifty EPA rulemakings under the Clean Air Act.

Before attending law school, Allison was a policy researcher at the Environmental Law Institute, where she analyzed implementation of delegated state programs under the federal Clean Water Act, including National Pollutant Discharge Elimination System (NPDES) permit programs; assessed state programs to control aquatic invasive species; investigated ways to improve government agency management through the use of meaningful goals and progress metrics; and helped run the Annual Boot Camp on Environmental Law.

Related Experience

Litigation

  • Electric generating company. Litigation counsel in defense of challenge to air permit for new liquefied natural gas facility before state environmental hearing board.
  • Electric generating company. Litigation counsel in defense of challenge to siting permit for power plant before state environmental hearing board.
  • Manufacturing facility. Litigation counsel in defense of threatened tort suit related to groundwater contamination that involved engagement with nearby community and development of meaningful community project.
  • Freeman v. Grain Processing Corporation. Litigation counsel for corn processing facility in defense of class action suit involving nuisance and negligence claims related to air emissions.
  • WildEarth Guardians v. Public Service Company. Litigation counsel for power producer in defense of Clean Air Act citizen suit alleging MACT violations; dismissal on behalf of client upheld by U.S. Court of Appeals for the Tenth Circuit.
  • Sierra Club et al. v. Portland General Electric Co. Litigation counsel for PGE in defense of Clean Air Act citizen suit regarding Oregon coal-fired power plant.
  • United States v. Louisiana Generating LLC. Litigation counsel for Louisiana Generating in remedy phase of Clean Air Act New Source Review enforcement action.
  • Major electric generating company. Litigation counsel representing company in district court to obtain approval of settlement of Clean Air Act violations alleged by environmental groups in face of opposition to settlement terms by third parties.
  • Water provider. National litigation counsel in defense of class action litigation filed following chemical spill impacting water supplies.

Regulatory Advocacy

  • National trade association. Worked collaboratively with association members and technical consultant to draft comments on EPA’s proposed Risk and Technology Review rulemaking.  Representation of association in D.C. Circuit litigation over final rule.
  • Class of ’85 Regulatory Response Group. Representation of a coalition of approximately 30 electric generating companies that has participated in every major regulatory and policy development arising under the Clean Air Act and various climate programs since the enactment of the 1990 amendments to the Clean Air Act.
  • Electric generating companies. Representation on development of state Regional Haze plans in multiple states, and in appeals to numerous final EPA actions on state plan submittals in Fifth and Eighth Circuits.
  • Exploration and production company. Advised on development of response to state request for Regional Haze analysis to inform State Implementation Plan.
  • Electric generating company. Representation of company in challenge to EPA's rule updating its Regional Haze visibility program, Texas, et al. v. EPA (D.C. Cir.). Representation in parallel administrative petition for reconsideration to EPA.
  • Electric generating company. Representation of company in advocacy efforts on EPA's climate rulemakings establishing greenhouse gas performance standards.
  • National trade association. Worked collaboratively with association members to draft comments on EPA’s proposed rulemaking on greenhouse gas permitting.
  • Coalition for Innovative Climate Solutions. Representation of a coalition of 13 major electric generating companies that worked constructively at the state and federal levels on the development and implementation of the federal Clean Power Plan, which established landmark greenhouse gas regulations for the power sector.

Compliance Counseling

  • Manufacturing facility. Representation in negotiations with state agency regarding voluntary remediation of soil and groundwater to resolve potential enforcement action.
  • Cement company. Responded to Clean Air Act Section 114 requests for information from multiple cement plants regarding facility maintenance and capital investments.
  • Independent power producer. Oversaw internal investigations, corrective actions, and agency self-disclosures in response to discovery of potential violations of environmental requirements at newly acquired facilities.
  • Chemical company. Advised on response to Notices of Violation regarding alleged Clean Air Act violations.
  • Electric generating company. Advised on response to self-discovery of potential violation of Clean Air Act regulatory requirements.
  • Multiple companies. Advise numerous clients on Clean Air Act compliance issues, including compliance with evolving requirements under federal regulatory programs such as the Mercury and Air Toxics Standards, the Regional Haze visibility program, MACT rules, Clear Air Interstate Rule, Cross-State Air Pollution Rule, SSM Policy, and climate regulations.

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