Malcolm advises clients on the siting and licensing of energy facilities, natural gas pipelines, and associated transmission infrastructure. Malcolm also advises clients on land use matters, represents clients in litigation, and advises candidates for state and federal office.

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Experience

  • Advises clients on regulatory matters for the siting and licensing of power plants, substations, high-voltage electrical transmission lines, substations, pipelines, and associated facilities.
  • Represents clients in proceedings before the Florida Public Service Commission.
  • Prepares applications for land use approvals and comprehensive plan and zoning amendments for industrial and infrastructure projects.
  • Represents clients before local governments in obtaining approvals under local land development regulations.
  • Represents clients in litigation in state and federal courts.
  • Prepared briefs in appellate proceedings before the United States Courts of Appeals for the District of Columbia Circuit, the Eighth Circuit, and the Eleventh Circuit; the Supreme Court of Arkansas; and the Arkansas Court of Appeals.
  • Defends clients in environmental enforcement actions and citizen suits.
  • Assists clients in obtaining environmental permits and in permit appeals.
  • Represented utility clients in eminent domain proceedings for linear facilities.
  • Advises candidates for state and federal office.
  • Former intern to Judge Billy Roy Wilson of the United States District Court for the Eastern District of Arkansas and Justice Paul Danielson of the Supreme Court of Arkansas.

Representative Published Decisions

  • In re: Seminole Combined-Cycle Facility, DOAH Case No. 17-6661.
  • In re: Petition to determine need for Seminole combined cycle facility, by Seminole Electric Cooperative, Inc.. Order No. PSC-2018-0262-FOF-EC (Fla. PSC 2018).
  • In re: Joint petition for determination of need for Shady Hills combined cycle facility in Pasco County, by Seminole Electric Cooperative, Inc. and Shady Hills Energy Center, LLC., Order No. PSC-2018-0263-FOF-EC (Fla. PSC 2018).
  • Ashley v. Ashley, 2016 Ark. 161, 489 S.W.3d 660, 662 (Ark. 2016).
  • In the Matter of El Dorado Chemical Company, Arkansas Pollution Control and Ecology Commission, Docket No. 13-008-P.

Publications & Presentations

  • “Private Pipeline, Public Use? Arkansas’s Eminent Domain Jurisprudence,” Arkansas Law Review, Vol. 64, No. 3
  • Florida’s Renewable Energy Projects, Florida Chamber Environmental Permitting Summer School, July 2018 (panelist)
  • Electric Vehicles & Emerging Issues in Florida, Environmental and Land Use Law Section of the Florida Bar, December 2017 (organizer/moderator)
  • Environmental Regulation: Updates from Tallahassee and Washington, Florida Municipal Electric Association Annual Conference, July 2017
  • Amendment 4 and Solar Development in the Sunshine State, Environmental and Land Use Law Section of the Florida Bar, May 2017 (moderator)

Awards & Recognition

  • Honorary Speaker at 1st District Court of Appeal Induction Ceremony for Spring 2017 Inductees to the Florida Bar

Malcolm's Practice Areas