Malcolm is well-versed in a wide range of complex environmental law issues. Clients appreciate his forward-looking, practical approach to solving problems. Malcolm has developed a sophisticated practice covering a wide variety of environmental laws and statutes, and is always ready to assist clients, whether it be with air quality and product/chemical safety or environmental auditing and due diligence. He has gained a broad perspective of the numerous challenges facing companies operating in California, developing particularly in-depth knowledge of California's air quality laws, Proposition 65 and the California Environmental Quality Act (CEQA), as well as valuable insights on climate change and contaminated properties issues specific to California's legal market.He also represents clients on issues such as facility permitting and closure, emissions trading, environmental insurance and consumer product safety matters.Malcolm's clients appreciate his business-savvy approach to helping them secure permitting to build or modify facilities, navigate rulemaking processes, understand and comply with complex regulatory programs, conduct emissions trades (including carbon), challenge agency enforcement actions and defend against citizen suits. His advice to clients helps them resolve disputes, understand environmental laws and plan confidently for the future.His clients include large and small companies in the energy, oil, industrial minerals, manufacturing, aerospace, real estate, automotive, hospitality, and financial sectors and trade associations.Malcolm began his career at the US Environmental Protection Agency's headquarters in Washington, D.C.. He left EPA to co-found AER*X, the nation's first emissions trading consulting and brokerage firm assisting clients to monetize environmental credits. Subsequently, Malcolm opened AER*X/RMT's (an environmental and engineering consulting firm) first California office to more effectively and efficiently service client needs.

Bar Admissions
California

Education
JD, Lewis and Clark, Northwestern School of Law, Honors Certificate, Environmental and Natural Resources Law, 1982

BA, Environmental Studies and Political Science, University of California, Santa Barbara, 1979

2023 Retail Industry Year in Review

3 Takeaways Squeezed Out of Juicer's Insurance Battle, Law360

California Coffee Could Be Exempt from Cancer Warnings, Food Quality & Safety

California Issues Enforcement Warning for PFAS in Cookware and Food Packaging Laws, Food Safety Magazine

California's cap and trade regulations: Maybe there's a future in cow flatulence after all, Daily Journal

California's cap and trade regulations: Will they survive long enough to make history?, Daily Journal

Chapter 4 Section 13: REACH's Impact in the Rest of the World, The European Union REACH Regulation for Chemicals: Law and Practice, Oxford University Press

Coping with the South Coast Air Quality Management District's New `New Source Review' Rule, published in proceedings of the Air & Waste Management Association's 84th Annual Meeting, Vancouver, British Columbia

Do the Products You Sell Contain PFAS? A Question Every Retailer Must Be Prepared to Answer, Retail Industry 2022 Year in Review

Emission Reduction Credits: Who Pays Just Compensation? A Takings Analyses, Student Paper, Northwestern School of Law of Lewis and Clark College

Emissions Trading Guidance Document For Trading In Oregon, Document for Oregon Economic Development Department and Department of Environmental Quality

Facility Closures and Sales: Legal Requirements and Profit Opportunities, published for the International Congress on Hazardous Materials Management

Hodgepodge of Local Climate Laws Challenges Cos., Law 360

How To Avoid Getting Squeezed Out Of Coverage, Law360

Impact of CA Prop. 65 on Manufacturers and How They Can Use the New "Safe Harbor" Warning Provisions That Became Operative on August 30, 2018, Industry Today

Issues of Confidentiality and Disclosure in Environmental Auditing, prepared while on staff at US EPA, Office of Planning, Policy & Evaluation, Regulatory Reform Staff

PFAS: New Targets for Proposition 65 Litigation, The Recorder

Prop 65 Amendments Affecting Retail, 2016 Retail Industry Year in Review, Hunton & Williams

Proposition 65: New Developments, New Problems, Law360

Roundup Warning Label Ruling Less Surprising Than It Seems, Law360

State's Greenhouse Gas Reduction Plan Dealt Setback, Daily Journal