Dale G. Mullen

Partner
blank image Dale G. Mullen

Dale G. Mullen

Partner
Richmond T: 804.799.7854 F: 804.762.6863
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Dale G. Mullen

Dale G. Mullen

PARTNER
dmullen@whitefordlaw.com
RICHMOND
T: 804.799.7854
F: 804.762.6863
Biography
BIOGRAPHY
Mr. Mullen focuses his practice on helping clients develop innovative solutions for regulatory compliance and government relations. He draws on his considerable state and local legislative experience, as well as broad legal and practical managerial experience in federal, state and local government regulatory and compliance matters. He brings decades of experience and a deep understanding of the impact of government regulation on energy, mining, transportation, agriculture, and real estate development. He represents clients throughout the United States on federal and state rulemaking, permitting, and enforcement.

He counsels clients, including Fortune 500 companies, in the use of innovative technologies that add efficiency, effectiveness, and economy to business operations. These include waste-to-energy projects, water, air, and solid waste compliance, and the use of unmanned aviation systems (“drones”) for commercial and business use.

Mr. Mullen previously served as Assistant Attorney General and Chief Prosecutor for the Commonwealth of Virginia, Special Assistant United States Attorney (SAUSA), county attorney, county administrator, and interim general manager of a municipal water authority during a time of expansion, intense regulatory scrutiny and a citizen suit under the Clean Water Act. He also served as general counsel for an airport, which afforded him an insider’s view of the business needs and regulatory issues facing modern aviation. During his time at the Virginia Office of the Attorney General, he implemented strategies for regulatory and compliance fraud prosecutions that contributed to first-of-its-kind national recognition and an award for the Virginia Office of the Attorney General for civil and criminal fraud recoveries in excess of $535 million.
 

Recognitions

  • Chambers USA, Environment, Virginia (2017-Present)
  • The Best Lawyers in America, Environmental Law, Litigation - Environmental, Woodward/White, Inc. (2021-Present)
  • Virginia Business magazine, Legislative/Regulatory/Administrative "Legal Elite" (2013-2018, 2020-2023)
  • Virginia Lawyers Weekly, "Leaders in the Law" (2011)
  • Virginia Lawyers Weekly, “Top Ten Civil Defense Verdicts in Virginia” (2004)
  • Joseph W. Gregg Leadership Award, United States Navy (1987)
 

Memberships & Activities

  • Board Member: Virginia Board of Accountancy, 2022-Present
  • Board Member: Keep Virginia Beautiful, 2015-Present
  • Chair: Virginia State Bar Environmental Law Section, 2017-2018
  • Director: James River Water Authority, 2009-2012
  • Director: Thomas Jefferson Partnership for Economic Development (TJPED), 2009-2012
  • President: Hanover County Bar Association, 2008-2009
  • Member: Environmental Law Institute (ELI)
  • Member: John Marshall American Inns of Court
  • Member: Local Government Attorneys of Virginia (LGA)
  • Member: Administrative Law, Construction Law, Criminal Law, Environmental, Litigation, and Local Government Law Sections, Virginia State Bar
  • Member: Stormwater Management Plan Advisory Group, Virginia Department of Environmental Quality (DEQ), 2013
  • Best Lawyers Designation
  • Development, funding, and implementation of waste-to-energy and advanced nutrient management projects.
  • Exploration and permitting of the potential commercial uses for unmanned aviation systems.
  • Leadership of multi-jurisdictional water and wastewater design, financing, permitting and construction.
  • Development and approval of long-range water supply plans and responsible development and management of surface and groundwater supply systems.
  • Development and approval of municipal separate storm water systems (MS4).
  • Financing clean water system expansion through state Water Quality Improvement Funds (WQIF).
  • Negotiation and defense of citizen Clean Water Act enforcement.
  • Representation of municipal water and wastewater authority in civil and criminal investigation by state authorities and EPA.
  • Counsel on wastewater authority in establishment, design, permitting and construction of beneficial reuse programs for economic development.
  • Development and implementation of Quality Assurance/Quality Control Programs for municipal water and wastewater treatment systems.
  • Development of local legislation addressing development of public and private water and wastewater systems.
  • Investigation and prosecution of non-typical organized crime cases in the United States District Courts for the Eastern and Western Districts of Virginia.
  • Defense of businesses and professionals in cases concerning individual and corporate liability.
  • Representation of national clients including retail product manufacturers, a firearm manufacturer, national chain restaurants, and a major retail chain.
INSIGHTS

Co-author: An Emerging Risk of Allegations of Insider Trading, Interglobix Magazine, April 30, 2023

Speaker: Far-Reaching Russian Sanctions in the U.S. and an unprecedented speed in enforcement, Webinar, April 2022

Author: "Legal Intricacies of Sustainable Energy," InterGlobix Magazine, September 2021

Author: "Energy, Environment and The Edge – The Decentralized Future of the Data Center," InterGlobix Magazine, December 2020

Author: "The Risk and Uncertainty of Current Times," InterGlobix Magazine, July 31, 2020

Speaker: Henrico Internet Infrastructure Webinar, July 30, 2020

Speaker: Internet Infrastructure Webinar: Data Centers Air Permitting and Compliance Considerations and Operational Challenges, June 17, 2020

Speaker: Business Interruption Coverage for the Internet Infrastructure Industry, June 10, 2020

Speaker: Internet Infrastructure Issues: The Future of the Data Center, May 20, 2020

Speaker: Internet Infrastructure Issues: Data Centers 101 Water Footprint and Consumption, Webinar, May 6, 2020

Speaker: Internet Infrastructure Issues: Data Centers 101 Environmental Health and Safety, Webinar, April 22, 2020

Author: Tax Act May Spur More Investment in RNG, Biogas Projects, Biomass Magazine, March 7, 2018

Author: Public Utilities - Renewable Energy, Handbook of Virginia Local Government Law, 2018

Panelist: "Who Decides?," U.S. Chamber of Commerce Joint Fall Committee Meeting, December 9, 2015

Co-author: "Unmanned Aerial Systems and the Utility of the Future," NACWA The Water Voice, June 17, 2015

Co-author: "The Utility of the Future at Work: Biomethane as New Sources of Energy & Income," NACWA The Water Voice, March 11, 2015

Panelist: Fertilizer or Solid Waste: How far does RCRA spread?, ELI Professional Practice Webinar, February 26, 2015

Co-presenter: EPA's Renewable Fuel Standard: New Pathways, New Opportunities?, Bloomberg BNA Webinar, November 6, 2014

Co-author: "Environment 2014: Water Issues," EPA Administrative Law Reporter, March 2014

Co-Presenter: "Biosolids: Legal Challenges to Land Application and Policy Considerations for Utilities of the Future," Hot Topics in Clean Water Law, NACWA Web Seminar, January 22, 2014

Co-author: "Requirements for Municipal Separate Storm Sewer Systems In Virginia," Bill of Particulars, October 2013

ARTICLES

September 28, 2022

Client Alert: IRS Will Determine Whether PPP Loans Properly Forgiven, Treat Improperly Forgiven Amounts as Income

As one of the authors noted in a previous alert, “the CARES Act provided that the forgiven amounts of Paycheck Protection Program (“PPP”) loans would not be includable in a PPP borrower’s gross income at the federal level, and subsequent legislation provided that expenses paid with PPP funds would still be tax deductible.”  Recent non-precedential guidance from the IRS’s Office of Associate Chief Counsel, however, has concluded that only properly forgiven amounts will not be treated as gross income by the IRS.  In short, the IRS intends to reach its own determination regarding the propriety of the decision of the U.S. Small Business Administration (“SBA”) to forgive PPP loan amounts.
October 21, 2021

Client Alert: Don’t Jeopardize Your PPP Forgiveness Appeal

Recently, we’ve been hearing from clients that their Paycheck Protection Program (“PPP”) loans are being reviewed by the Small Business Administration ("SBA") and we are here to help respond to SBA inquiries and requests for information. This Client Alert discusses the Interim Final Rule (“IFR”), effective September 14, 2021, promulgated by the SBA detailing the procedures for appealing adverse PPP forgiveness determinations. Note that these will only become relevant if the SBA formally denies (in whole or in part) a PPP forgiveness application by the delivery of a final SBA loan review decision document.

NEWSLETTERS

April 29, 2023

The Real Deal - Spring 2023

Pittsburgh's Rental Registration Program: Remedial or Repressive?

Claim of Right Not Sunk by Prior Permission:  Argument That Prior Permission Transfers With Title Blown Out of the Water!

Introducing New Attorneys at Whiteford

PRESENTATIONS

NEWS

August 17, 2023

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.
August 18, 2022

73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”

73 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2023 (copyright 2022 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington, D.C. offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
June 2, 2022

Dale Mullen Appointed to Virginia Board of Accountancy

Dale G. Mullen, a partner in Whiteford’s Richmond office, has been appointed to the Virginia Board of Accountancy by Governor Glenn Youngkin. He was sworn in by Secretary of the Commonwealth Kay Coles James on March 15. The mission of the VBOA is to protect the citizens of the Commonwealth through a regulatory program of licensure and compliance of CPAs and CPA firms. “It is a tremendous honor to serve in this capacity,” Mr. Mullen said.
June 1, 2022

Chambers Honors Whiteford in 14 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2022 list of leading firms and business lawyers. This year’s recognition includes 29 attorneys in 14 practice areas at the National and State level.
August 19, 2021

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.