Ashley Peck

Environmental and Natural Resources Litigation

• Defend environmental group challenges to water quality certifications, section 404 and NPDES permits under the Clean Water Act for natural resource projects across various states.
• Represent multiple clients, including railroads, municipalities and manufacturers in Clean Water Act citizen suits regarding stormwater and wastewater discharges.
• Represent oil pipeline company in action to recover costs associated with environmental cleanup and restoration following oil spill.
• Defend natural gas company in state court case concerning common law claims alleging contamination to water resources.
• Represent major municipality and oil companies in breach of contract and negligence action against remediation contractors concerning environmental cleanup.

Water Resources Compliance and Policy

• Represent mineral extraction company in landmark agreement with State of Utah to donate significant water rights and leasehold interests on Great Salt Lake for conservation purposes.
• Represent coalition of sewer districts in advocacy efforts before Utah Department of Environmental Quality and Utah State Legislature.
• Represent municipalities in preparing and responding to agency audits of stormwater and pretreatment programs, amending ordinances and pursuing enforcement actions against violators.
• Represent manufacturer in resolving multiple Clean Water Act enforcement matters in various regions and implementing company-wide environmental audit and compliance program.
• Represent mining and chemical manufacturing company in resolving legacy water quality and water management compliance issues.
• Represent wide range of developers, including ski resorts and major retailers, in wetland permitting issues, including appeals of jurisdictional determinations.
• Represent manufacturers in Clean Water Act criminal investigations.

Waste, Spill and Contamination Matters

• Represent midstream oil company in spill response, remediation and resolution of enforcement actions with federal and state resource agencies.
• Represent fuel supply and refining company in responding to oil spill, including in state and federal enforcement actions and coordination of public response plan.
• Represent hazardous waste disposal and used oil recyclers in permitting and regulatory compliance matters.
• Represent radioactive waste disposal facility in licensing matters and administrative appeals before state environmental agency regarding financial assurance and monitoring issues.
• Represent various mining clients in large-scale cleanup of legacy contamination, including natural resource damages and cost recovery claims, and in managing legacy liability and compliance.
• Represent power plants in implementation of coal combustion residuals rule requirements.
• Represent railroad 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.
• Represent developers and property owners on cleanup and cost-recovery actions related to perchloroethylene (PCE) contamination from former dry cleaners and hexavalent chromium contamination from former industrial facilities.

Complex Facility Permitting and Land Use

• Represent international mining company in development and permitting of first major gold mine in State of Utah, including obtaining state water quality and mining permits and local land use approvals.
• Develop permitting strategy and regulatory advice for novel carbon sequestration projects associated with oil and gas facilities.
• Represent project developers in defending land use appeals under shoreline protection and critical areas statutes and ordinances.
• Represent major municipal utility in relicensing hydropower dam before FERC, involving Federal Power Act, NEPA, CWA 401 certification and TMDL, ESA, and water rights matters.