Jane brings an in-depth understanding of the dynamic legal landscape governing the use of air, water and land to her work for the firm’s environmental clients.  As one of the most versatile lawyers in the  Environmental group, she knows how to bridge the gap between engineers, business people and regulators, and partners closely with clients to understand their needs and ensure positive outcomes.

Jane has extensive experience representing energy companies, developers, lenders, and manufacturing companies in matters related to greenhouse gas emissions, power purchase agreements, Clean Air Act compliance and New Source Review, Superfund actions, brownfield redevelopment issues and audit programs. She regularly counsels companies with day-to-day compliance issues, including air permitting, NSPS, MACT, and solid and hazardous waste.

Jane  is adept in handling challenging elemental mercury, manufactured gas plant and PCB issues. She also counsels clients with respect to climate change issues including carbon sequestration, greenhouse gases, inventory, and offset projects.

In addition, Jane 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.

  • Experience

    Clean Power Plan

    Jane is working with clients to understand, develop comments on, and develop compliance approaches to the USEPA’s proposed standards for new, modified and existing power plants. The complex and interlocking nature of the proposals will impact business planning within the energy and the manufacturing arenas for years to come.

    New Source Review

    Jane 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

    Jane 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, Jane 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.


    In addition, Jane 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

    Jane 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. Jane has represented groups of parties alleged to be responsible for environmental remediation in different situations. For example:

    • In Toledo, Ohio, Jane represented an individual client and, later, a group of parties at the Stickney and Tyler landfill sites. Jane 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, Jane 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.
  • Credentials


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

    Bar Admissions

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

          Professional Memberships

          American Bar Association

        • Insights

          Other Publications

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

          Speeches & Presentations

          “Are ISOs an Answer to Controlling Greenhouse Gas Emissions?” (co-presenter) 20th Annual FERC Briefing, Boston, Mass., and Chicago, Ill. (April 4 and May 15, 2014)

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

        Energy and Environmental Law Adviser

        EPA’s Clean Power Plan Published in the Federal Register

        On October 23, 2015, EPA published the long-awaited Clean Power Plan in the Federal Register.  The published rules include the Existing Source Performance Standards and the New, Modified, and Reconstructed Source Performance Standards.  In those rules, EPA established carbon dioxide (CO2) emission performance rates representing the Best System of Emission Reduction (BSER) for existing, modified, … Continue Reading



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

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        "Redeveloping any parcel of property in an older community comes with risks, not the least of which is identifying potential environmental contamination that must be abated before development can occur." Read Article