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.
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.