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Lucy B. Jenkins


Phone: 801-534-7356
VCard

FIRM:

Shareholder

Board of Directors

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:

Jones Waldo, 2001-present
Parsons Behle & Latimer, 1985-2001 – Shareholder, Environmental Law
Suitter Axland Armstrong & Hansen, 1980-1985 – Associate, Natural Resources Law

PROFESSIONAL/COMMUNITY:

Utah State Bar
American Bar Association
Snowbird Sports Education Foundation, Board of Directors, 2008-2014
Habitat for Humanity, Salt Lake City, Board of Directors, 2003-2005
Friends of Alta, Board of Directors, 2015 to present

NEWS ITEMS/PUBLICATIONS:

February 2014- “New Phase I Environmental Site Assessment Standard,” Jones Waldo Newsletter.
June 2013- “EPA Expands Bona Fide Prospective Purchaser Defense for Tenants,” Jones Waldo Newsletter.
September 2012- “Utah Protections From Cleanup Liability for Prospective Purchasers,” Jones Waldo Newsletter.
April 2012- “Tenant Beware: Environmental Diligence Recommended Before Taking Possession,” The Enterprise.
July 2010 – “Red Butte Creek Oil Spill: Information for Property and Business Owners Impacted by Chevron Spill,” Jones Waldo Newsletter.

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:

Follow me on Facebook and LinkedIn

Industry Awards

 

MDH_2013

Jenkins Chamber 2015

Chambers USA, Energy & Natural Resources, 2010-2015

The Best Lawyers in America, Environmental Law, 2012-2015

Utah Business magazine, Legal Elite, 2010-2011, 2015

Utah Business magazine, “30 Women to Watch,” 2005

Bar Admittance

1980, Utah

1980, U.S. Court of Appeals, Tenth Circuit