Allison D. Foley

Partner
Allison Foley

Allison Foley advises clients on environmental and administrative issues critical to the utility, manufacturing, and real estate industries. As part of this practice, Allison helps clients navigate compliance challenges while managing risk and mitigating liability in the context of site remediation and redevelopment and various complex real estate transactions. Allison also advises clients on regulatory considerations related to chemical management and risk evaluation. This work includes regulatory advocacy on existing environmental and consumer product regulations involving the Environmental Protection Agency (EPA), the Federal Trade Commission (FTC), and the Consumer Product Safety Commission (CPSC).

Allison provides guidance on key federal environmental statutes, including the Toxic Substances Control Act (TSCA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). She also counsels manufacturers and retailers on consumer product labeling and warning requirements arising under California's Proposition 65 (Prop 65) and advocacy tied to similar environmental and chemical legislation and regulations.

Allison currently serves on the Venable Foundation Grants Committee and is actively involved with the firm's recruiting efforts.

Experience

Representative Matters

  • Serving as counsel (with Venable colleagues Maggie Fawal, Douglas Green, and John Mavretich) to the Utility Solid Waste Activities Group (USWAG), an association of over 130 utilities, utility operating companies, energy 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
  • Assisting utility and manufacturing clients in navigating complex chemical risk evaluation and risk management under the Toxic Substances Control Act (TSCA) in the wake of the Frank R. Lautenberg Chemical Safety for the 21st Century Act
  • Providing regulatory advocacy on behalf of USWAG and other clients on EPA rulemakings of critical importance to the electric and gas utility industries, including those involving polychlorinated biphenyls (PCBs), per- and polyfluoroalkyl substances (PFAS), phthalates, and other chemical substances
  • Advising developers and lenders on environmental liability management strategies and insurance considerations associated with the transfer and redevelopment of brownfields, Superfund sites, and other industrial, commercial, and residential properties, including in connection with various state voluntary cleanup programs and brownfield incentive programs
  • Counseling clients on assessment and mitigation of environmental risk and associated liability considerations involving the use, storage, treatment, and disposal of PFAS and other emerging contaminants
  • Representing utility clients, property developers, and lenders in transactions involving the investigation, acquisition, and disposition of brownfields, Superfund sites, and other contaminated properties, including counseling clients on environmental due diligence, insurance considerations, and liability mitigation strategies related to such property transactions
    Providing environmental counsel to the Federal National Mortgage Association (Fannie Mae) on the management of environmental risk associated with transactions involving potentially contaminated properties

Insights

Credentials
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Education

  • J.D. University of Pennsylvania Law School 2007
    • Sparer Fellow
    • Member, Moot Court Board
    • Member, Journal of Law and Social Change
  • B.A. cum laude Georgetown University 2003

Bar Admissions

  • District of Columbia
  • New York

Professional Memberships and Activities

  • Member, American Bar Association
  • Member, District of Columbia Bar Association
  • Member, New York State Bar Association
  • Member, American Society for Testing and Materials (ASTM) Committee E-50 on Environmental Assessment, Risk Management, and Corrective Action—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

Recognition
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  • Chambers USA
    • Up and Coming, Environment, Washington, DC, 2017
    • Environment, Washington, DC, 2013 – 2016
  • Venable LLP, Benjamin R. Civiletti Pro Bono Lawyer of the Year, 2011

Community
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Pro Bono

  • Provides pro bono representation on commercial litigation, insurance, and civil rights matters
  • Formerly served on the Legal Counsel for the Elderly’s Young Lawyers Alliance; continues to provide pro bono representation to seniors in the District of Columbia regarding estate planning and other legal needs

Volunteerism

  • Member, Venable Foundation Grants Committee
  • Former board member, DC Greens, 2014 – 2016