Allison D. Foley

Allison Foley's practice focuses on a range of environmental and administrative issues critical to the utility industry, including participation in major rulemakings as well as compliance counseling under the nation's environmental and chemical statutes, such as the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In addition, Ms. Foley advises a broad range of clients on applicability of and compliance with the Chemical Facility Anti-Terrorism Standards (CFATS) Program administered by the Department of Homeland Security (DHS).

Ms. Foley also counsels public and private entities on environmental regulatory and compliance issues related to infrastructure and land development projects, often subject to multiple environmental laws, including the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Clean Water Act (CWA), and federal and state permitting requirements. Ms. Foley handles a range of regulatory issues on behalf of trade associations and private companies, including several matters under the federal Freedom of Information Act (FOIA) and its state counterparts, successfully compelling production of government records and protecting disclosure of sensitive information.

Representative Clients
Ms. Foley represents a number of electric and gas utility companies and trade associations. Together with Venable partners Douglas Green and Aaron Wallisch, Ms. Foley is counsel to the Utility Solid Waste Activities Group (USWAG), an association of more than110 energy industry operating companies and trade associations including the Edison Electric Institute, the National Rural Electric Cooperative Association, the American Gas Association, and the American Public Power Association. Combined, USWAG's members service more than 95% of the nation's consumers of electricity. Ms. Foley represents USWAG on compliance, reporting, and enforcement under the full spectrum of federal environmental laws.

On behalf of USWAG and other trade association clients, Ms. Foley has prepared comments on EPA and DHS rulemakings of critical importance to the utility industry, including proposals affecting carbon capture and sequestration, polychlorinated biphenyls (PCBs), solid waste identification, and chemical facility security. Her practice also includes the representation of trade associations in actions challenging and defending final agency rules.

In addition, Ms. Foley’s practice addresses environmental issues associated with the acquisition, sale, and financing of industrial, commercial, and residential properties, including Brownfields. Ms. Foley also provides counsel on insurance matters related to significant corporate transactions. Past projects have involved the performance of environmental due diligence and insurance review for the acquisition of electronics recycling operations and, on behalf of lenders and other project participants, for the financing of hydroelectric, wind power, and liquefied natural gas (LNG) operations.

As a member of the ASTM International E-50 Committee on Environmental Assessment, Risk Management, and Corrective Action, Ms. Foley has participated in the development of multiple industry standards related to the assessment and remediation of contaminated properties, including the recently updated ASTM E1527-13 Phase I Environmental Site Assessment Practice, the ASTM E2600 Standard Guide for Vapor Encroachment Screening, and the first ASTM Standard Guide for Greener Cleanups.

Since 2008 Ms. Foley has been actively involved in the firm’s recruiting and hiring efforts, and is a former coordinator of the firm’s summer associate program.

Ms. Foley maintains an active pro bono practice, and in 2011 was named the Benjamin R. Civiletti Pro Bono Lawyer of the Year. Ms. Foley has provided pro bono representation on a range of matters involving commercial litigation, insurance, and civil rights, and as a member of Legal Counsel for the Elderly’s Young Lawyers Alliance regularly counsels seniors in the District regarding estate planning and other legal needs. Ms. Foley is active in the community in charitable fundraising and serves as a member of the Venable Foundation Grants Committee.

Ms. Foley serves on the Board of Directors for DC Greens.

Good to know

Areas of Practice 1) Environmental Law, 2) Regulatory and 3) Insurance
Law School University of Pennsylvania Law School, Penn Law, (J.D., 2007)
Education Georgetown University (B.A., 2003)
Bar Member / Association District of Columbia Bar Association, New York State Bar Association
Most recent firm Venable LLP
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