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Ashley Peck

Partner

222 South Main Street, Suite 2200, Salt Lake City, UT 84101

Ashley represents clients in complex environmental litigation and regulatory compliance matters, with an emphasis on water quality and contaminated sites.

She has significant experience defending Clean Water Act citizen suits, helping clients navigate complex water discharge and wetland permitting processes, and defending civil and criminal enforcement actions brought under the Clean Water Act.

Water Quality Advisor: Ashley’s water quality experience includes advising industrial and municipal clients on National Pollutant Discharge Elimination System (NPDES) and Section 404 wetland permitting matters. She has also represented dischargers in complex Section 401 water quality certifications and development of total maximum daily loads (TMDLs).

Environmental Litigator: Ashley litigates environmental disputes concerning claims under the Clean Water Act, Clean Air Act, Comprehensive Environmental Response Compensation and Liability Act and other environmental statutes. Ashley has substantial experience resolving environmental citizen suits, appealing or defending agency decisions before administrative tribunals, and in complex federal court litigation concerning common law claims.

Prior to practicing in Utah and joining Holland & Hart, Ashley was an associate at K&L Gates LLP in Seattle, Washington. She is admitted to practice in Utah, Utah Federal District Courts, Washington, and Washington Federal District Courts.

Experience

Environmental Compliance Law

Clients look to Ashley for assistance meeting the ever-changing regulatory standards:

  • Obtaining or amending NPDES and groundwater discharge permits
  • Obtaining Section 404 wetland permits and implementing mitigation
  • Negotiating cost allocation agreements for cleanup of contaminated sites
  • Negotiating agreements for cleanup with regulatory agencies
Environmental Litigation

Ashley litigates federal court cases concerning claims under regulations affecting a variety of industries:

  • Defending statutory citizen suits
  • Appealing permits and other administrative decisions
  • Defending criminal and civil enforcement actions
  • Pursuing cost recovery and contribution actions

Client Results

Environmental Compliance Law
  • Representation of railroad in Clean Water Act citizen suit regarding stormwater discharges.

  • Representation of municipality in Clean Water Act citizen suit regarding Section 404 permit.

  • Representation of municipality in Clean Water Act citizen suit regarding discharges from municipal wastewater treatment plant and stormwater system.

  • Representation of manufacturer in Clean Water Act criminal investigation.
  • Representation of municipalities in preparing and responding to agency audits of stormwater and pretreatment programs.

  • Representation of manufacturer in resolving multiple Clean Water Act enforcement matters in various regions and implementing company-wide environmental compliance program.

  • Representation of private landowner in litigation concerning stormwater runoff and shoreline development.

  • Representation of aggregate producer in permitting negotiations and litigation against county regarding stormwater and drainage issues impacting operations.

  • Representation of mining company in large-scale cleanup of legacy contamination, including natural resource damages and cost recovery claims.

  • Representation of railroad client in negotiations and litigation with state agencies, potentially responsible parties, and local residents and landowners on cleanup of multiple contaminated sites in Washington and Montana.

  • Representation of plaintiff real estate developer in multiparty cost-recovery action for cleanup of perchloroethylene (PCE) from former dry cleaner.

  • Representation of commercial landowner in multiparty contribution action for cleanup of petroleum contamination from former gas station.
  • Representation of municipal transit organization in enforcement action and negotiations with state agency concerning removal of underground storage tanks.

  • Representation of manufacturer in enforcement proceeding with local clean air agency and on various air quality permitting matters.

  • Representation of railroad in enforcement action for fugitive emissions.

  • Representation of municipalities in collaboration with state air permitting agency to develop guidance for addressing asbestos pipe.

  • Representation of utility in relicensing hydropower dam before FERC, involving Federal Power Act, NEPA, CWA 401 certification and TMDL, ESA, and water rights matters.

  • Perform environmental due diligence and permit transfers for national energy client's acquisition of biomass cogeneration plant.

  • Perform environmental due diligence and permit analysis for development of asphalt refinery.

  • Perform environmental due diligence for mergers, acquisitions, and other transactions for national and international energy companies.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • Chambers USA: America's Leading Lawyers for Business, Environment, Natural Resources & Regulatory Industries, 2017
  • Utah Business Magazine, Utah Legal Elite, 2014-2016; Up and Coming, 2018
  • Mountain States Super Lawyers®, Environmental, Rising Star, 2014-2017
  • Washington Super Lawyers® Rising Stars, Environmental, 2010

Professional and Civic Affiliations

  • Women Lawyers of Utah, Board Member
    Publicity Committee, Chair
  • ABA, Superfund and Natural Resource Damages Litigation Committee, Vice Chair, 2011-2014
  • ABA, Environment, Energy, and Resources Section, Member
  • Utah State Bar, Energy, Natural Resources, and Environmental Law Sections, Member
  • Commercial Real Estate Women (CREW) Utah, Member
  • Association of Clean Water Administrators, Legal Member
  • Rocky Mountain Mineral Law Foundation, Member
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