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PRACTICE AREAS

BAR ADMISSIONS

  • Illinois
  • U.S. District Court for the Northern District of Illinois

News

Jane E. Montgomery

Partner


"Jane Montgomery: Part Detective, Part Engineer, All Lawyer"

Leading Lawyers Magazine - Real Estate, Construction & Environmental Edition, January 2014



Jane E. Montgomery is an accomplished environmental lawyer with a thorough understanding of the dynamic legal landscape that governs the use of air, water and land. She has extensive experience representing energy companies, developers, lenders, and manufacturing companies in matters related to power purchase agreements, Clean Air Act compliance and New Source Review, Superfund actions, brownfield redevelopment issues and audit programs.

Ms. Montgomery regularly counsels companies with day-to-day compliance issues, including air permitting, NSPS, MACT, and solid and hazardous waste issues. She often encounters challenging elemental mercury, manufactured gas plant and PCB issues. She also counsels clients with respect to climate change issues including carbon sequestration issues, greenhouse gases, inventory issues and offset projects.

In addition, Ms. Montgomery represents clients in a variety of civil and criminal enforcement actions, including responses to notices of violation or lawsuits, and in pre-enforcement efforts, such as agency requests for information. She also works on numerous business transactions, understanding how a property’s environmental issues impact the resolution of a transaction to transfer property, sell assets, or sell entire businesses.

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Considered one of the most versatile members of the Environmental Group, Ms. Montgomery understands how to bridge the gap between engineers, businesspeople and regulators. "I analyze issues from different perspectives and present different options to clients. We work together to find the best way forward," she says. "I really want to know the technical and manufacturing processes of my clients so I can help them conduct their business in a responsible and effective way."

Experience

New Source Review

Ms. Montgomery has assisted several entities in extensive investigations by USEPA of alleged Clean Air Act violations. She has worked with companies to provide responses to EPA's administrative information requests and worked with a team to develop defensive theories based on state law and practice, contract law and corporate successor law.

She is deeply involved in understanding the emission calculations that companies use for both defensive purposes and compliance purposes, and she has worked extensively with consultants concerning these issues.

Power Purchase Agreements

Ms. Montgomery has assisted power purchasers in understanding how current, upcoming and potential environmental laws may affect the ability or cost of a generator to supply power according to agreement terms.

Compliance Program Development

Environmental problems frequently are discovered as a result of a serious non-compliance event or emergency. In addition to resolving the immediate problem, Ms. Montgomery looks for the root causes of problems and assists companies in developing more robust procedures or training to keep problems from recurring. For example:

  • She assisted in the development of emergency procedures for mercury meter removal programs and then assisted in the development of long-term training and removal programs.
  • After a Section 404 violation was discovered, she developed a training program to engage and heighten awareness of environmental issues presented by large construction projects.
  • She assisted routinely in developing and monitoring environmental, health and safety audit programs and develops appropriate responses to issues uncovered through audits.

Developers

In addition, Ms. Montgomery helps developers understand the environmental issues present at properties, and she works with owners and planners to design contractual and remedial plans to mitigate environmental risks. Specific examples include:

  • A shopping center in Oklahoma City that involved complicated contracts with numerous parties, remediation contracts, insurance contracts and indemnities.
  • A residential development in a Chicago suburb with difficult solvent contamination and seller issues.
  • No further remediation letters for several large residential developments in Chicago (Illinois Site Remediation Program)

Greenhouse Gas Inventory and Reduction

Ms. Montgomery helps companies determine what, if any, greenhouse gases they emit and whether and how they can reduce those emissions. She has extensive knowledge of the legal issues and interpretations that arise when undertaking a greenhouse gas inventory. She has worked on inventory issues for pipeline and electric generation, pipeline liquids, manufacturing processes, and numerous large facilities with combustion-related or process-related greenhouse gas emissions.

Superfund Matters

Experience as common counsel in Superfund matters has figured prominently in her practice. Ms. Montgomery has represented groups of parties alleged to be responsible for environmental remediation in different situations. For example:

  • In Toledo, Ohio, Ms. Montgomery represented an individual client and, later, a group of parties at the Stickney and Tyler landfill sites. Ms. Montgomery represented the common interests of multiple parties in dealing with federal and state regulators and pressed those interests to successful resolution of complex issues.
  • In another joint defense representation, Ms. Montgomery was part of a team defending a similarly situated industry group in a cost recovery action filed in federal court. The matter involved resolution of difficult factual allocation issues.

Publications

“A Comprehensive Guide to Redeveloping Contaminated Property,” chapter on Illinois law in Brownfields, American Bar Association (2010)

“Riddle Me This?” Natural Resources & Environment, Vol. 20, No. 2, American Bar Association (Fall 2005)

Chapter on Illinois Law in Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property, American Bar Association (2nd ed.) (January 2002)

Speeches and Presentations

"Are ISOs an Answer to Controlling Greenhouse Gas Emissions?" (co-presenter) 20th Annual FERC Briefing, Boston, Mass. (April 4, 2014)

"Coal on the Run?" (co-presenter) 19th Annual FERC Briefing, Chicago, Ill. (June 13, 2013)

Awards and Honors

AV Rated — Martindale-Hubbell
Judge, DaimlerChrysler’s Environmental Leadership Award Competition (2002)
Leading Lawyer — Environmental Law, Illinois Leading Lawyers Network
"Top 50" Women Real Estate–Related

Education

Northwestern University School of Law(J.D., 1990)
University of Illinois at Urbana-Champaign(B.S., Secondary Education, with honors, 1980)

Professional Memberships

American Bar Association