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With a focus on regulated industries, Malcolm Means represents utilities, telecommunications and manufacturing companies in compliance, administrative and government proceedings, and litigation and appeals.

Malcolm Means is a shareholder at Ausley McMullen and is a member of the firm’s utility law, environmental law, and land use law teams.

Malcolm represents regulated industries such as utilities, telecommunications, and manufacturing in local government hearings, administrative proceedings, and in litigation and appeals.  Additionally, he has a wide range of experience including administrative hearings; defending agency enforcement actions; permitting and permit challenges; obtaining land use approvals; advising clients on compliance with regulations; and in rulemaking and rule challenges.

Administrative Hearings

  • Represented investor-owned electric utility in base rate case proceeding before the Florida Public Service Commission.
  • Represented investor-owned electric utility in proceeding before the Florida Public Service Commission to approve comprehensive ten-year storm hardening plan.
  • Represented investor-owned electric utility before the Florida Division of Administrative Hearings in challenge to proposed agency rule.
  • Represented electric cooperative in determination of need proceeding before the Florida Public Service Commission for new electric generating plant.

Environmental Permitting and Enforcement

  • Represented electric cooperative in proceeding to obtain environmental and land use certifications for new electric generating plant.
  • Assisted in defense of Clean Water Act enforcement action against food processing plant.
  • Assisted in successful challenge to provisions of air operating permit issued to chemical manufacturing facility.
  • Assisted in defense of Clean Air Act enforcement action against chemical manufacturing company in federal court.

Land Use and Zoning

  • Represented investor-owned electric utility before local government in obtaining land use approvals for solar photovoltaic generating facility.
  • Represented cellular telephone tower owner before local government boards in obtaining land use approvals.

Litigation and Appeals

  • Represented the Florida Secretary of State in election litigation in state and federal courts.
  • Represented natural gas utility in condemnation suits for linear facilities easements in state court.
  • Represented estate in appeal regarding probate law issue of first impression before the Arkansas Supreme Court.

Other

  • Served as counsel to third party presidential campaign and advised on ballot access issues.

Education

  • University of Arkansas School of Law, J.D., magna cum laude, 2012
    • Note and Comment Editor, Arkansas Law Review
  • Sewanee: The University of the South, B.A., magna cum laude, with Honors and Distinction, 2009, History
  • University of St Andrews, Scotland, Visiting Student

Bar Admissions

  • Arkansas (2009)
  • State of Florida (2017)
  • 11th Circuit Court of Appeals
  • D.C. Circuit Court of Appeals
  • United States District Court for the Eastern District of Arkansas
  • United States District Court for the Northern District of Florida
  • United States District Court for the Middle District of Florida

Environmental and Land Use Law Section – Florida Bar Association

  • Executive Committee (2018-Present)
  • Co-Chair, Events Subcommittee (2021-Present)
  • Co-Chair, Energy Committee (2018-2020)

Young Lawyers Section – Tallahassee Bar Association

  • Board of Directors (2018-2021)

Little Rock Regional Chamber of Commerce

  • Chairman – Create Little Rock (Young Professionals’ Division) (2015-2016)
  • Vice-Chairman – Create Little Rock (2014-2015)
  • Member Ex Officio of the Chamber Board of Directors (2015-2016)

St. John’s Episcopal Church

  • Member
  • Florida Super Lawyers: Rising Stars (2018-2022)
  • Chambers and Partners – Up and Coming Practitioner in Energy & Natural Resources (2021)
  • Honorary Speaker at 1st District Court of Appeal Induction Ceremony for Spring 2017 Inductees to the Florida Bar
  • Essentials of Florida Electric Utility Law and Regulation, Environmental and Land Use Law Section of the Florida Bar, May 2019 (panelist)
  • Florida's Renewable Energy Projects, Florida Chamber Environmental Permitting Summer School, July 2018 (panelist)
  • Environmental and Land Use Law 2018 Update, Florida Bar Annual Convention, June 2018 (organizer/moderator)
  • 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 (presenter)
  • Amendment 4 and Solar Development in the Sunshine State, Environmental and Land Use Law Section of the Florida Bar, May 2017 (moderator)
  • Honorary Speaker at 1st District Court of Appeal Induction Ceremony for Spring 2017 Inductees to the Florida Bar
  • "Private Pipeline, Public Use? Arkansas's Eminent Domain Jurisprudence," Arkansas Law Review, Vol. 64, No. 3; 2011
  • Law School. Malcolm was the recipient of a three-year merit scholarship. He was selected as a Note and Comment Editor for the Arkansas Law Review and elected as student representative to the Arkansas Bar Association and the American Bar Association. Malcolm also served as a judicial extern to Judge William R. Wilson, United States District Court for the Eastern District of Arkansas, and Justice Paul Danielson, Arkansas Supreme Court.
  • Undergraduate. Malcolm received a bachelor's degree with Honors and Distinction based on examination scores and publication of an honors thesis. Malcolm was selected as a member of Phi Alpha Theta National History Honors Society, Omicron Delta Kappa Leadership Honors Society, and the University's Student-Alumni Leadership Council.