torbitt_alison

Alison B. Torbitt



Alison Torbitt is in the Energy and Environmental practice group and is also active in Maritime matters, the Beverage Alcohol team and Commercial Litigation. She focuses on compliance, from counseling manufacturers on stormwater obligations to assisting contractors with licensing, to helping residential solar companies comply with consumer protection obligations.

What do you focus on?

I counsel business and industry clients on compliance with federal, state and local environmental and energy laws, as well as defending against regulatory enforcement and third-party disputes.

I am also part of the firm’s Legally Green initiative and California drought task force, which think strategically about sustainability and the risks that our clients face due to climate change, the drought, aging infrastructure, and the need for innovation and to stay ahead of these challenges.

Environmental Compliance & Enforcement

With a technical background as an aquatic ecotoxicologist, I have first-hand knowledge of the science and business repercussions for the water, air, hazardous materials and spill response notification laws and regulations. I counsel dozens of clients with compliance concerns and defend them against enforcement and have provided guidance to numerous wine, beer and food production facilities. I provide strategy and advice on how to cost-effectively monitor compliance, communicate with regulators, self-report and settle. I have successfully brought contaminated sites to closure in an efficient manner. I also assist with California Alcoholic Beverage Control and Contractors State License Board inquiries.

Environmental & Energy Due Diligence & Transactional Assistance

I assist with environmental and energy due diligence for the acquisition, leasing and financing of real property and with assuring adequate protections are in place for tax credit investors. I am very familiar with evaluating Phase Is and IIs for sufficiency, evaluating permitting and compliance history, advising on the risk of environmental enforcement, and analyzing energy regulatory concerns related to curtailment, utilities and CalISO. In each I help to assure that my clients are adequately informed and protected of the risks associated with the transaction; helping them to look to the future and make decisions now, which will avoid problems then. I have also developed significant experience in renewable energy off-take agreements, including consumer protection requirements for the residential solar sector, helping to negotiate a middle ground that is both financially beneficial and consumer-friendly.

Maritime Experience

I help clients communicate with the U.S. Coast Guard National Vessel Documentation Center, assisting in complicated flag-in/flag-out processes with compliant and business-friendly results. Additionally, I draft and negotiate, and assure approval for, the related documentation including trust agreements, time charters, bareboat charters, ship management agreements, logbook entries, certificates of ownership and continuous synopsis records.

What do you see on the horizon?

Reuse! Our clients and the world are just beginning to connect the dots on how to substitute one company’s waste to satisfy another company’s needs for raw or component products. As the threats of climate change and sea level rise continue to grow, and get exacerbated by large storms, droughts and king tides, key players are re-thinking how their company can mitigate and adapt to this changing world. Recycled water is becoming more and more popular for cooling towers, irrigation, golf courses, and even, beer! And now we are seeing the emergence of other reuse agreements regarding everything from plastic to hazardous materials. These new and innovative transactions are at the forefront of sustainability and environmental and I couldn’t be more excited to assist!

Representative Matters

  • Successfully assisted with the closure of multiple contaminated sites under voluntary cleanup programs and enforcement actions led by the Water Board and CUPAs
  • Defended client in an EPA Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) enforcement, successfully negotiating a consent agreement and final order, with significantly reduced penalties; have also assisted clients on labeling disputes, self-reporting, and amendments under FIFRA
  • Represented and defended multiple clients against investigations and enforcement actions by the California Air Resources Board, under the Truck & Bus, Cargo Handling Equipment and Large Spark Ignition regulations, including in-person appearances and a successful reduction of potentially thousands in penalties to a phased compliance plan with no penalties
  • Successfully defended a large winery against alleged wastewater noncompliance, with potential liabilities alleged at over $2 million; after months of negotiating, in a landmark settlement, client was successfully and irrevocably released from the alleged $1.9 million in liabilities and retroactive charges, in exchange for higher annual sewer service charges going forward
  • Overseen and successfully received air (including Title V), wastewater, stormwater and hazardous materials permits from local air pollution control/management districts, regional water quality control boards and certified unified program agencies throughout California, including the successful negotiation of less restrictive conditions and/or expedited handling
  • Successfully defended a large food manufacturer against a threatened order to cease operations for an alleged illegal discharge, managing to negotiate a phased compliance plan without penalties or ceasing operations
  • Defended general contractor in an asbestos liability action, including participation in the air pollution control district’s expedited settlement program

Publications and presentations

  • Panelist, “Diversity, Inclusion, and the Bottom Line: From Pledge to Profitability,” San Francisco Bar Association CLE program, September 2018
  • Speaker, “Labeling Hazardous Chemicals: CA's Proposition 65 Requirements on Your Compliance Obligations,” BLR Webinar, April 2018
  • Speaker, “How not to overreact: Prop 65 updates and other chemical regulations,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 2018
  • Speaker, “The Trump Agenda and Its Impact on EPA and Its Regulations,” BLR Webinar, June 27, 2017
  • Speaker, “Conversations on How Pruitt is Expected to Trump the Environment,” The Bar Association of San Francisco, March 29, 2017
  • Author, “Fifty shades of greywater– How to use recycled water at your vineyard” Wines & Vines, January 5, 2017
  • Co-Author, “Calling It In: When to Report and Remediate ‘Minor’ Environmental Contamination,” American Bar Association’s Joint Newsletter of the Environmental Disclosure and Environmental Transactions and Brownfields (ETAB) Committees, December 2016
  • Speaker, “Industrial Water 101,” ORCHSE Western Occupational Safety & Health Group, San Diego, CA, September 13, 2016
  • Author, “Calling All Breweries: Is Your Wastewater In Order?” Law 360 Expert Analysis, July 11, 2016
  • Speaker, “Environmental Enforcement Guidance,” ORCHSE Western Occupational Safety & Health Group, Orange County, CA, June 7, 2016
  • Author, “Sewage Brewage,” NYS Brewers Association Blog, June 6, 2016
  • Speaker, “Spill & Release Reporting for Ammonia Refrigeration,” Construction Contracting Training Program, Napa, CA, March 3, 2016
  • Speaker, “California Proposition 65 Trends and Hazardous Waste Enforcement,” ORCHSE Western Occupational Safety & Health Group, Sonoma, CA, March 2, 2016
  • Co-author, “Drought in California is Changing the Real Estate Landscape,” Law 360 Expert Analysis, July 23, 2015
  • Moderator, “Drought and State Intervention: Managing Groundwater in a New Era,” The Bar Association of San Francisco, July 14, 2015
  • Speaker, “Contaminants of Emerging Concern,” The Bar Association of San Francisco, June 30, 2015
  • Co-presenter (with Jeffrey Tanenbaum), “Take the Warning: Why and How To Be Prop 65 Compliant,” ORCHSE Western Occupational Safety & Health Group, Newport Beach, CA, May 20, 2015
  • “Enviro Update: What To Expect From the EPA in Obama’s Second Term,” Business & Legal Resources, March 2015
  • Speaker, “Environmental Law Basics: Practicing Air Quality Law in California,” The Bar Association of San Francisco, February 26, 2015
  • Author, “Combating California Drought with More Recycled Water,” Law 360 Expert Analysis, July 22, 2014

How should discharges to groundwater be regulated?

Rochester Business Journal | November 23, 2018

Rochester Corporate partner Jeremy Wolk wrote this contributed column on recent cases involving the Clean Water Act and discharges to groundwater, drawing from an alert by San Francisco partner Alison Torbitt, Albany associate Dana Stanton and senior environmental health engineer Libby Ford, all of the Affordable Housing & Real Estate group.

Law360 names attorneys who moved up the firm ranks in Q1

Law360 | May 07, 2018

In this roundup of promotions to partner and firm management positions, 14 attorneys from Nixon Peabody are highlighted. The 11 attorneys promoted to partner are Ellie Altshuler, Mark Beaudoin, Erik Birkeneder, Hannah Bornstein, Chris Browning, Barry Carrigan, Keri McWilliams, Matt Mullen, Steven Richard, Charles Tamuleviz and Alison Torbitt. In addition, Kenneth C. Lind was promoted to leader of the firms’ public finance practice group, Justin Thompson was promoted to office managing partner in LA, and Aaron Yowell was promoted to chief innovation officer.

Time to express interest in federal water infrastructure loans

Law360 | April 29, 2018

San Francisco energy and environmental partner Alison Torbitt, New York City public finance partner Scott Singer and Rochester senior environmental health engineer Libby Ford co-wrote this article outlining an EPA loan program for new water infrastructure projects.

Fifty shades of greywater—How to use recycled water at your vineyard

Wines & Vines | January 01, 2017

San Francisco energy and environmental associate Alison Torbitt authored this article about how California winemakers can incorporate recycled water into their vineyards.

Recent Water-related Cases That May Impact NPDES/SPDES Dischargers

ClearWaters | December 21, 2016

A discussion of five cases that might impact wastewater permitting regulations for holders of SPDES permits, written by Rochester senior environmental health engineer Libby Ford, San Francisco Energy and Environmental associate Alison Torbitt, and Albany counsel Peter Trimarchi.

Calling All Breweries: Is Your Wastewater In Order?

Law360 | July 11, 2016

Rochester senior environmental health engineer Libby Ford and San Francisco Energy & Environmental associate Alison Torbitt co-authored this column discussing the EPA’s national standards for industrial wastewater discharged to local publicly owned treatment works and how they affect breweries.

Contact

Alison B. Torbitt

Partner
LEED® AP BD&C
Co-leader, Food, Beverage & Agribusiness

San Francisco

Phone: 415-984-5008


Fax: 866-256-1329

NP Profiles: Alison Torbitt

Alison Torbitt - Energy & Environmental - Nixon Peabody LLP

Read more about Alison Torbitt as part of our monthly series
profiling members of our 2018 partner class.

University of Oregon School of Law, J.D., Order of the Coif (1st in class) , (Editor-in-Chief, Western Environmental Law Update; Associate Editor, Oregon Law Review; Environmental Fellow, Oceans, Coasts, and Watersheds Project; First Place Champion, Oregon Environmental Law Moot Court Competition; Quarterfinalist, National Environmental Law Moot Court Competition)

University of California, Santa Barbara, B.S., B.A., with High Honors

University of Queensland, Australia, Marine biology research program

California

U.S. District Court, Northern District of California

U.S. District Court, Eastern District of California

U.S. District Court, Southern District of California

U.S. District Court, Central District of California

  • Executive Committee, San Francisco Bar Association, Environment Section
  • Immediate Past Chair of the San Francisco Barristers Environment, Real Estate, and Land Use Section
  • Queen’s Bench, Member, Business Development Committee
  • LEED Accredited Professional (LEED® AP BD&C) in Building Design and Construction
  • SV Forum, Member
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