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FIRM:
Shareholder
Chair, Environmental Law Practice Group
PRACTICE FOCUS:
Environmental Law
Energy and Natural Resources Law
Estates and Trusts
AREAS OF EXPERTISE:
Environmental Law
- Business transactions involving environmentally impaired properties
- Redevelopment of Brownfields properties
- Acquisition of military base properties
- Remediation under state and federal environmental programs
- Voluntary cleanups
- Defending EPA and state administrative environmental enforcement actions
- Environmental permitting and compliance
- Environmental insurance
- Cleanup and toxic tort litigation
- Environmental regulatory areas: solid and hazardous waste, radioactive waste, underground storage tanks, water quality, wetlands, stormwater discharges, air quality and Superfund sites
Environmental Consulting For Law Firms
Lucy Jenkins is available for consultations in environmental law to law firms that do not have environmental law expertise. Environmental law is a high specialized and evolving legal practice area, with issues that may impact real estate and business transactions.
Lucy can assist law firms with environmental issues in the contexts of real estate and business transactions, litigation, compliance, and cleanups. Assessing and allocating environmental risks and retaining experienced environmental consultants is critical for business or real estate transactions involving polluted or industrial properties.
Jones Waldo will work with you to structure a suitable billing arrangement.
Energy and Natural Resources
- Climate change regulation
- SEC Climate Change Disclosure
- Mine and Energy Storage Permitting, Licensing and Government Approvals
- Federal and State Land Rights of Way and Access
- Land Use Planning
Estates and Trusts
- Estate Planning (Trusts and Wills)
- Trust and Estate Administration
- Conservation Easements
EDUCATION:
Energy Law Fellow, University of Utah College of Law, Salt Lake City, Utah, 1979-1980
Brigham Young University, Provo, Utah, J.D., 1979
University of Colorado, Denver, Colorado, B.A., 1974
WORK EXPERIENCE:
Parsons Behle & Latimer, 1985-2001 – Shareholder, Environmental Law
Suitter Axland Armstrong & Hansen, 1980-1985 – Associate, Natural Resources Law
PROFESSIONAL/COMMUNITY:
Utah State Bar
- Energy, Natural Resources and Environmental Section
- Estate Planning Section
ABA
- Energy, Natural Resources and Environmental Section
- Real Property, Trust and Estate Law Section
Member, ASTM Phase I/All Appropriate Inquiry Task Force
Member, Board of Directors, Snowbird Sports Education Foundation
Member, Utah Power Producers Coalition
Pro Bono council, Utah Clean Energy
NEWS ITEMS/PUBLICATIONS:
November 2011 - "Estate Planning for Chronic Illness," APDA Salt Lake City Young Onset Support Group Seminar.
July 2010 – “Red Butte Creek Oil Spill: Information for Property and Business Owners Impacted by Chevron Spill,” Jones Waldo Newsletter.
February 2006 - "Minimizing Environmental Risks: EPA Final Rule on All Appropriate Inquiries," CLE Presentation for Lowe's HIW, Inc.
May 2004 - "Transactions Involving Contaminated Property - Preserving Defenses to Liability", Real Estate Purchase and Safe Transactions Seminar, Sterling Education Services
April 2004 - "Environmental Title Issues", Utah Land Title Association Continuing Education Seminar
RECENT ENVIRONMENTAL, ENERGY AND NATURAL RESOURCES MATTERS:
Advising developer in acquisition of shopping center and potential risks associated with historical and current dry cleaner tenants.
Advising landlord in connection with petroleum contamination from underground storage tanks operated by former tenants.
Advising national hotel chain in acquisition of hotel located in Prospector Square, Utah.
Advising landlord in connection with contamination caused by light industrial tenants.
Advising developer in acquisition of shopping center and potential risks associated with adjacent gasoline station with leaking underground storage tanks.
Advising petroleum pipeline owner concerning granting access for cleanup of Northwest Oil Drain Canal.
Defending manufacturing plant from cost recovery cleanup claims under CERCLA, RCRA, TSCA and state law related to recycling used oil tainted with PCBs.
Advising a state university in the acquisition of a Brownfields property undergoing RCRA cleanup.
Representation of owner/landlord of fuel distribution facility in litigation of cleanup costs.
Pro Bono representation of Utah Clean Energy.
Environmental diligence, permitting, compliance and exit strategy in connection with sale of chemical distribution business located in Utah and Idaho.
State and local environmental permitting for new energy storage facility.
Negotiating settlement with EPA and state for dry cleaning company charged with responsibility for cleanup of a contaminated groundwater Superfund site.
State permitting for gypsum mine.
Advising commercial developer in acquisition of former military base with historical environmental contamination.
Advising bank on lender liability issues related to commercial loans and foreclosures involving environmentally impaired properties and developing bank policies and procedures.
Advising numerous developers in acquisitions of industrial properties for office buildings, residential development, shopping centers and mixed use, conducting cleanups under Utah voluntary cleanup program, and negotiating environmental covenants.
Advising industrial company in acquiring brownfields property undergoing RCRA cleanup.
Advising chemical distribution company in connection with cleanup of release from underground storage tank cleanup, pursuing insurance coverage and obtaining cleanup closure from state.
Defending waste oil transporter charged with disposal of PCB-contaminated waste oil at waste oil recycling facility.
Defending former owner of dry cleaning property from cost recovery cleanup claims under CERCLA, RCRA and state law.
Defending resort located on tribal lands from EPA notice of violation of UST regulations and pursuing claims under California underground storage tank fund and insurance policies.
Advising a national retail chain in the acquisition of a bulk fuel terminal for redevelopment as commercial property and ongoing development issues.
Advising landlord on tenant’s environmental requirements under lease agreement allowing gasoline station use.
Representing a residential real estate developer in the acquisition of a historic mining property.
Advising a national retail chain with respect to acquiring a Brownfields property undergoing remediation of industrial contamination.
Advising commercial developer in connection with wetlands permitting and filing appeal of Army Corps of Engineers wetlands determination.
Advising a national retail chain in acquiring wetlands conservation easements for off-site mitigation.
WORK INVOLVING UTAH SUPERFUND AND BROWNFIELDS SITES
Lucy has represented clients in connection with many of the Superfund, Brownfields and other cleanup sites in Utah.
Superfund Sites:
Bountiful/Woods Cross PCE Plume (Bountiful)
Davenport and Flagstaff Smelters Site (Sandy)
Hill Air Force Base (Davis County and Weber County)Ogden Defense Depot (Ogden)
Jacobs Smelter Site (Stockton)
Midvale Slag Site (Midvale)
Murray Smelter Site (Murray City)
Prospector Square (Park City)
Sharon Steel Site (Midvale)
Toole Army Depot (Tooele)
Utah Barrel and Scrap (Salt Lake City)
Utah Voluntary Cleanup Program and Other Brownfields and Cleanup Sites:
300 West Town Center (Salt Lake City)
Bradshaw Auto Parts (Provo)
Country Square Shopping Center (Sandy)
Empire Pass Site (Park City)
Former Geneva Steel Site (Vineyard)
Mt. Olivet Cemetery Site (Salt Lake City)
Ninigret/Engelhard Site(Salt Lake County)
North Temple Landfill (Salt Lake County)
Union Pacific Railroad Northwest Oil Drain (Salt Lake City)
Utah Barrel and Scrap (Salt Lake City)
PERSONAL:
Born in Savannah, Georgia, 1953
Raised in upstate New York, Village of Owego
Married with two children
Interests: Alpine skiing, hiking, running, reading
SOCIAL MEDIA:
The Best Lawyers in America, Environmental Law, 2012
Chambers USA, Energy & Natural Resources, 2010-2011
Utah Business magazine, Legal Elite, 2010, 2011
Utah Business magazine, “30 Women to Watch,” 2005
