Ashley T. K. Phillips

Ashley T. K. Phillips

  • 512.469.6135
    512.482.5035
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Counsel

  • Thompson & Knight LLP
    98 San Jacinto Boulevard
    Suite 1900
    Austin, TX 78701 USA
    512.469.6135
    512.482.5035
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Ashley Phillips focuses her practice on environmental regulatory matters. Her experience includes compliance counseling; environmental management system development; environmental, health, and safety auditing; environmental risk assessment; environmental due diligence; handling administrative enforcement actions; and working with private and governmental (including federal, state, and local) entities to develop and implement collaborative environmental solutions. Matters on which Ashley has advised clients have related to federal, state, and local regulatory requirements associated with air emissions, industrial and hazardous waste, water quality, underground storage tanks, endangered species, contaminated properties, Superfund sites, and release reporting obligations.

Ashley is a LEED® Green Associate, as accredited by the Green Building Certification Institute within the framework of the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED®) Green Building Rating Systems™.

Experience

  • Counseled numerous clients on all phases of environmental auditing, including scoping, implementation, corrective action, development of compliance management practices, and  coordination with state and federal agencies to assist clients with obtaining benefits available under state and federal audit policies and statutes
    • These audits have involved a review of compliance with air permitting; waste management; storm water discharge; discharge/fill of wetlands; spill prevention, control, and countermeasure planning; chemical inventory reporting; risk management planning and process safety; and/or occupational safety and health requirements
    • Audited operations have included upstream and midstream oil and gas operations in the Bakken Shale, Eagle Ford Shale, Fayetteville Shale, Haynesville Shale, Permian Basin, Woodbine, and Indian Lands as well as manufacturing operations located in Texas
  • Advised an oil and natural gas exploration and production (E&P) client on the risks of agency enforcement and natural resource damage claims associated with a significant oil tank spill into an ephemeral stream with drainage to a navigable water in Oklahoma
  • Counseled an E&P client regarding its internal investigation of and response to a Notice of Violation issued by the Pennsylvania Department of Environmental Protection for alleged waste discharge violations
  • Advised a manufacturing client as to its release reporting and permitting obligations associated with storm water-related discharges
  • Advised an upstream and midstream oil and gas client on the design, development, and implementation of a corporate-wide environmental management system
  • Identified federal and state-specific environmental regulatory requirements applicable to hydraulic fracturing for a client involved in a more than $1 billion hydraulic fracturing joint venture
  • Provided environmental risk assessment advice to a client considering a joint venture to explore and develop natural gas
  • Assessed whether activities related to construction of a natural gas pipeline authorized under an Army Corps of Engineers nationwide permit could constitute habitat modification, and therefore a "take," under the Endangered Species Act
  • Counseled a real estate investment client on the risks and liabilities associated with the potential purchase of a contaminated property involved in the Texas Commission on Environmental Quality’s Voluntary Cleanup Program
  • Determined applicability of federal and state environmental regulatory requirements to the international and interstate transport of materials for recycling
  • Provided litigation support in a vapor intrusion lawsuit
  • Assessed a food manufacturing client’s responsibilities and risks of liability associated with its obligations under the general duty clause of the Occupational Safety and Health Act
  • Assisted with development of a manufacturing client’s written occupational health and safety programs related to hazard communication, personal protective equipment, respiratory protection, and emergency action plan
  • Assisted with an environmental, health, and safety due diligence review in the sale of a semiconductor manufacturing facility

Prior Experience

  • Attorney, U.S. Environmental Protection Agency, 2005-2008
  • Attorney, Texas Commission on Environmental Quality, 2003-2005

Distinctions/Honors

  • Co-recipient, 2008 Gregg Cooke Strategic Alliance Award, EPA Region 6

Activities (Memberships/Affiliations)

  • Member, American Bar Association; Section of Environment, Energy, and Resources
  • Member, State Bar of Texas; Environmental and Natural Resources Law Section
  • Member, Austin Bar Association, Environmental, Natural Resources, and Water Law Section
  • Advisory Board, Center for Global Energy, International Arbitration, and Environmental Law, The University of Texas School of Law, 2011