Trending Topics
Alison B. Torbitt
Partner / Co-leader, Food, Beverage & Agribusiness / Co-leader, Environmental / Co-leader, ESG Practice
Introduction
Alison Torbitt co-leads the Food, Beverage & Agribusiness and Environmental teams and is active in maritime matters. She focuses on environmental compliance and transactional due diligence, counseling a large range of manufacturers, developers (including renewable energy projects), and financing parties to find solutions and mitigate and allocate the risk associated with all aspects of environmental law, including the latest developments from emerging contaminants (PFAS) to controversial subjects like vapor intrusion attenuation factors.
My focus
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 co-leader of the firm’s Legally Green initiative, thinking strategically about sustainability and the risks that our clients face due to climate change, aging infrastructure, and the need for innovation 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 of environmental laws, including those regarding water, air, vapor intrusion, hazardous materials, and spill response. 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 multiple 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, reviewing permitting and compliance history, and advising on the risk of environmental liability and enforcement. In each, I help to assure that my clients are adequately informed of and protected from 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.
Representative experience
- Successfully assisted with the closure of multiple contaminated sites under voluntary cleanup programs and enforcement actions led by the Water Board and certified unified program agencies (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 CUPAs 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
Looking ahead
Despite economic instability, residential and infrastructure development find sustainable solutions. Developers focus on environmentally impacted sites and revitalize communities. Drought, climate change, and aging infrastructure push innovation for water and energy.
Insights
- Moderator, “Converting Dirty Dirt Into Housing: Tips, Hints, and Funding for the Remediation Process,” California Lawyers Association 2024 Environmental Law Conference , September 13, 2024
- Speaker, “Innovation Stage,” Charting Maritime Change: Leading the Way for Resilient & Sustainable Environments , May 17, 2024
- Speaker, “Ingredients for a Successful Environmental Mediation,” Allegheny County Bar Association , May 7, 2024
- Speaker, “ESG & California Disclosures: 2024 and Beyond, ” Continuing Education of the Bar, March 14, 2024
- Speaker, “ESG: What it is — and isn’t,” 2023 Food & Beverage Forum, November 16, 2023
- Speaker, “How Developers Approach Brownfields,” 2023 California Land Recycling Conference, September 26, 2023
- Speaker, “Implementing an ESG Program,” The Bar Association of San Francisco, Webinar, June 1, 2023
- Moderator, “Social Interactive Peer session (SIPs): Supply Chain,” 2022 Food & Beverage Forum, November 1, 2022
- Speaker, “Pro Bono Power: Advancing Climate Justice through Feminist Leadership,” Commission on the Status of Women, Webinar, March 23, 2022
- Panelist, “How do I get my law firm to prioritize sustainability and ESG?,” Sustainability/ESG and Law Firms: Challenges and Opportunities Event, February 16, 2022
- Speaker, “The Internal Race to Net Zero,” Legal ESG Summit, Webinar, October 26, 2021
- Speaker, “Changes in Monitoring Particulate Emissions for Brownfield Sites,” 23rd California Unified Program Annual Training Conference, Webinar, February 16, 2021
- Speaker, “Environmental Health & Safety Concerns During Times of Wildfires and Power Shutdowns,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 23, 2020
- Speaker, “Environmental Due Diligence: Identifying, Analyzing, Allocating and Minimizing Risk,” San Francisco Bar Association - Environmental Law Section, San Francisco, CA, March 26, 2019
- Speaker, “Avoiding Missteps When Buying and Selling Commercial Real Estate,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 16, 2019
- Panelist, “Diversity, Inclusion, and the Bottom Line: From Pledge to Profitability,” San Francisco Bar Association CLE program, September 12, 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 16, 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
In the news
- ABA Trends
People on the move
Nov 2, 2023The publication for the ABA’s Section of Environment, Energy, and Resources highlighted San Francisco Affordable Housing & Real Estate partner Alison Torbitt, co-leader of the firm’s Environmental and Food, Beverage & Agribusiness teams, for her role as co-chair of the California Lawyers Association’s 2023 Annual Environmental Law Conference at Yosemite.
- Mergers & Acquisitions
S&P Global Mobility purchases Market Scan
March 10, 2023This article covering S&P Global Mobility’s purchase of automotive pricing and incentive intelligence company Market Scan, mentions NP for advising Market Scan in the sale. The NP deal team was led by San Francisco Corporate partner Lior Zorea, leader of the firm’s West Coast Emerging Companies and Venture Capital team. The team also included Corporate partners Christian Hancey of Rochester and Shahzad Malik of Los Angeles; San Francisco Affordable Housing & Real Estate partners Ian O’Banion and Alison Torbitt; Corporate counsels Michael Fitzpatrick of Boston and Matthew Goedert of San Francisco; Washington, DC Complex Disputes counsel Brian Whittaker; Rochester Cybersecurity & Privacy counsel Jenny Holmes; Corporate associates Robert Pethick of Boston and Brian Kenney of Washington, DC; and Washington, DC Construction & Real Estate Litigation associate Martha Medina.
- Press Release
Nixon Peabody advises Galway Sustainable Capital in strategic sustainable agriculture investment
Nixon Peabody LLP is proud to have recently represented Galway Sustainable Capital in its strategic investment in Yield Resource Management Group (Yield RMG), a privately held developer and manager of sustainable agriculture, water and energy products. Read the press release.Feb 17, 2023 - Law360
Attorneys who moved up the firm ranks in Q4
Feb 15, 2023This article highlighting partner-level promotions in Q4 of 2022 includes San Francisco Affordable Housing & Real Estate partner Alison Torbitt’s promotion to co-leader of the Environmental team, Washington, DC AHRE partner Dara Histed’s promotion to leader of the General Real Estate & Transactional team, and Rochester AHRE partner Matthew Carrigg’s promotion to deputy leader of the General Real Estate & Transactional team.
- The Deal
Resonetics to acquire two SAES units
Dec 9, 2022The following article covers Resonetics LLC’s $900 million agreement to acquire Memry Corp. and SAES Smart Materials Inc. from NP client SAES Getters SpA. The article mentions Manchester partner and Private Equity & Family Offices team leader Phil Taub and Boston partner Amy O’Keefe, both of the Corporate group, for leading the NP team representing SAES Getters on U.S. legal matters. The team also includes Chicago partner and Global Finance co-leader Rob Drobnak; Corporate partners Alexandra Lopez-Casero and Thomas McCord from Boston, Andrew Share from Manchester, and Sean Clancy from Washington, DC; Affordable Housing & Real Estate partners Mark Beaudoin from Manchester and Alison Torbitt from San Francisco; Boston Labor & Employment partner Jeff Gilbreth; Rochester Intellectual Property partner Kristen Walsh; Washington, DC Complex Disputes partner and Antitrust leader Gordon Lang; Manchester Government Investigations & White-Collar Defense partner Mark Knights; Rochester counsel and Cybersecurity & Privacy deputy leader Jenny Holmes; Boston Corporate counsel David Crosby; Washington, DC Complex Disputes counsel Brian Whittaker; Albany Affordable Housing & Finance counsel Dana Stanton; Corporate associates Shaziah Singh from New York, Anthony Bova from Boston, Corey Habib from Manchester, and Hrishikesh Shah from Chicago; and Manchester Corporate department attorney Dave Zimmermann.
- Cannabis Business Executive
The intersection of cannabis and wine buds environmental complication
San Francisco partner Alison Torbitt and Los Angeles associate Stratton Constantinides, both of the Affordable Housing & Real Estate group and Environmental & Land Use team, contributed this article on the challenges and opportunities facing businesses that produce both wine and cannabis in California.Nov 3, 2021 - Spectrum News NY1
New York seeks constitutional right to clean air and water
This article covering New York’s proposed “Green Amendment” that would enshrine the right to a clean environment in the state’s constitution references NP’s client alert, discussing how New York’s amendment differs from other states in that it offers courts greater flexibility to interpret and apply. San Francisco partner Alison Torbitt, Albany associate Dana Stanton, Rochester associate Sarah Lobe, and Rochester senior environmental health engineer Libby Ford, all with the Affordable Housing & Real Estate group, coauthored the client alert.Sep 27, 2021 - Power Finance & Risk
DIF fund to buy Oklahoma wind farm
June 9, 2021This article mentions NP for advising DIF Capital Partners’ infrastructure fund on its agreement to acquire the Kingfisher wind farm in Oklahoma. The deal team includes Washington, DC Community Development Finance partner Shariff Barakat, Rochester Corporate partner Lori Green, Buffalo Global Finance partner Martha Anderson, and Rochester Corporate associate Aya Hoffman.
Also contributing to the deal were New York City Corporate partner Rick Cox; Manchester partner Mark Beaudoin and San Francisco partner Alison Torbitt, both of the Affordable Housing & Real Estate group; and Washington, DC partners Elizabeth Whittle and Bob Daileader and counsel Ken Weiner, all of the Project Finance & Public Finance group.
- Bloomberg Law
CA vapor intrusion guidance evaporates hope for urban residential redevelopment
San Francisco Affordable Housing & Real Estate partner Alison Torbitt contributed this article on how the California Environmental Protection Agency’s vapor intrusion guidance may impact residential development on the state’s brownfields.Feb 18, 2021 - Modern Restaurant Management
MRM Research Roundup: End-of-October 2020 Edition
This roundup of current industry issues to watch highlights several thought leadership pieces from NP’s recently published fourth-quarter Food & Beverage Crystal Ball. The publication summarizes trends provided by San Francisco partner Alison Torbitt and counsel Ian O’Banion, both of the Affordable Housing & Real Estate Group; Rochester Corporate associate Isaac Figueras; and San Francisco Labor & Employment associates Rachel Conn and Maritza Martin.Nov 2, 2020 - Marijuana Venture
On High Alert: Running a Retail Business in the Age of the COVID Pandemic
San Francisco partner Alison Torbitt, who co-leads NP’s Food, Beverage & Agribusiness team, and San Francisco Labor & Employment associate Hilary Baca co-wrote this contributed article on how cannabis retailers can revamp their stores and policies to stay in compliance with state and local laws, while helping to prevent the spread of communicable illnesses to customers and employees.Aug 10, 2020 - Cannabis Business Executive
Marijuana Social Clubs: How Colorado is Setting the Pace
This article, on the reopening of Colorado’s marijuana hospitality industry, cites a recent NP alert that details guidelines for cannabis retailers to consider for revamping operations without spreading communicable illnesses. Cannabis Business Executive also re-published the complete NP alert, written by San Francisco Affordable Housing & Real Estate partner Alison Torbitt; Los Angeles Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan; and San Francisco Labor & Employment associates Hillary Baca and Rachel Conn.June 17, 2020 - Best Lawyers
The Generals’ Next War
San Francisco Affordable Housing & Real Estate partner Alison Torbitt wrote this contributed article analyzing the increasing appetite among employees and investors for corporate social responsibility and environmental, social and governance standards. Alison also writes about how companies’ general counsels can participate in these initiatives.Oct 21, 2019 - Law360
High court decision on review expands landowners' options
San Francisco Energy and Environmental partner Alison Torbitt is quoted in this article analyzing the Supreme Court’s decision to return to the Fifth Circuit a key case concerning federal agency authority and landowners’ rights in determinations about land protection.Nov 27, 2018 - Rochester Business Journal
How should discharges to groundwater be regulated?
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.Nov 23, 2018 - Rochester Business Journal
How should discharges to groundwater be regulated?
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.Nov 23, 2018 - Law360
Law360 names attorneys who moved up the firm ranks in Q1
May 7, 2018In 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.
- Law360
Time to express interest in federal water infrastructure loans
San Francisco energy and environmental partner Alison Torbitt, New York City project 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.April 29, 2018 - Wines & Vines
Fifty shades of greywater—How to use recycled water at your vineyard
San Francisco energy and environmental associate Alison Torbitt authored this article about how California winemakers can incorporate recycled water into their vineyards.Jan 1, 2017 - ClearWaters
Recent Water-related Cases That May Impact NPDES/SPDES Dischargers
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.Dec 21, 2016 - Law360
Calling All Breweries: Is Your Wastewater In Order?
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.July 11, 2016 - The Lumber Log
What to do when the California Air Resources Board comes knocking
San Francisco Energy & Environmental associate Alison Torbitt authored this column discussing keeping mobile equipment in compliance with the California Air Resources Board (ARB) requirements.Sep 1, 2015 - Law360
Drought in Calif. is Changing the Real Estate Landscape
San Francisco Real Estate associate Ian O’Banion and San Francisco Energy & Environmental associate Alison Torbitt authored this column discussing how California’s historic drought conditions are impacting the real estate industry.July 23, 2015 - Affordable Housing Finance
Protecting Affordable Housing Parties Against the Big, Bad Environmental Liability Monster
San Francisco Energy & Environmental associate Alison Torbitt authored this column discussing environmental due diligence in deals including low-income housing and new markets tax credits.Jan 29, 2015 - BASF Bulletin
Profile - BASF Because…
The Bar Association of San Francisco featured Energy & Environmental associate Alison Torbitt in this profile opportunity.Dec 1, 2014 - Law360
Combating Calif. Drought with New Rules on Recycled Water
San Francisco Energy & Environmental associate Alison Torbitt authored this column discussing efforts to save scarce freshwater sources under California’s Drought State of Emergency proclamation.July 22, 2014
Admitted to practice
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
Education
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
Professional activities
- Law Firm Sustainability Network
- Northern California Chapter for WISTA USA, President
- Friends of the Urban Forest, Board Member
- Bar Association of San Francisco Environmental Executive Committee, Chair
- California Lawyers Association Environmental Legislation and Executive Committees
- Legislative Subcommittee, Water Environment Federation Government Affairs Committee, Chair
- San Francisco Barristers Environment, Real Estate, and Land Use Section, Past Chair
- Queen’s Bench, Member, Business Development Committee
- LEED Accredited Professional (LEED® AP BD&C) in Building Design and Construction
- SV Forum
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the field of Environmental Law
