Jane brings an in-depth understanding of the dynamic legal landscape governing the use of air, water, and land. She has extensive experience representing energy companies, developers, lenders, and manufacturing companies in a broad range of environmental matters, and regularly counsels clients on day-to-day compliance issues, including those arising in air permitting and Clean Air Act Amendments, as well as solid and hazardous waste.

As one of the most versatile lawyers in the Environmental Practice Group, Jane regularly bridges the gap between engineers, business people, and regulators. She closely partners with clients to quickly resolve emergent problems as well as understanding the root causes to assist in developing procedures that keep issues from recurring.

Jane breaks down complex regulatory reform issues related to current environmental laws and statutes and suggests reform measures. Her regulatory work aims to recognize past successes and rebuild regulations that reflect the enormous changes in business, technology, and environmental protection attitudes since the beginning of the modern environmental era.

She brings extensive knowledge of greenhouse gas inventory issues and interpretations, including strategies for companies to reduce emissions. Jane also counsels clients on climate-change issues such as carbon sequestration, inventory, and offset projects, and is adept at handling challenging elemental mercury, manufactured gas plant, and polychlorinated biphenyl (PCB) issues. She is deeply involved in understanding emission calculations that companies use for both defensive and compliance purposes, and has worked extensively with consultants on these issues.

Jane has served as common counsel in Superfund matters, representing groups of parties alleged to be responsible for environmental remediation. She helps developers understand environmental issues at properties, and works with owners and planners to design contractual and remedial plans to mitigate environmental risks. 

Jane also 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 works on numerous business transactions, and is well-versed in 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 and Greenhouse Gas Reduction

    • 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. 
    • Works with clients to understand, develops comments on, and develops compliance approaches to the EPA’s standards for new, modified, and existing power plants.

    New Source Review

    • Assisted several entities in extensive investigations by EPA of alleged Clean Air Act violations. Worked with companies to provide responses to EPA’s administrative information requests and worked with a team to develop defensive theories based on environmental practice, state law practice, contract law, and corporate successor law.

    Opacity Litigation

    • An NGO brought suit against a client for numerous opacity exceedances. The strategy was to show that the opacity exceedances were a small percentage of operating time and excellent control of particulate matter. Extensive development of the record occurred through discovery and expert reports. The matter was successfully settled upon an overwhelming demonstration of compliance. In addition to successful settlement, the state agreed to and did promulgate a rule change that exempts facilities subject to the MATS rule from the state’s opacity rule. 

    Wetland Bank

    • Assisted a client in developing strategies to maximize the value of wetlands mitigation bank.

    Wind Power and Renewable Energy

    • Advising a company on local and state laws relating to wind farm development, including preparing adequate documentation to withstand zoning and nuisance claims.
    • Negotiating contracts, including public facility contracts, for a biomethane project at a sewage treatment plant, including review of contracts regarding the sale of environmental attributes and renewable fuels.
    • A review for a lender of the safety and environmental issues surrounding a battery storage facility.

    Power Purchase Agreements

    • 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

    • 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, developed a training program to engage and heighten awareness of environmental issues presented by large construction projects.
    • Assisted routinely in developing and monitoring environmental health and safety audit programs and develops appropriate responses to issues uncovered through audits.

    Developers and Manufacturers

    • Participated in legal and environmental diligence and site selection for a manufacturing facility in the southeast, including review of numerous site records, contracts, permits, and historic and cultural resources.
    • Worked with a shopping center in Oklahoma City that involved complicated contracts with numerous parties, remediation contracts, insurance contracts, and indemnities.
    • Assisted a residential development in a Chicago suburb with difficult solvent contamination and seller issues.
    • Prepared no further remediation letters for several large residential developments in Chicago (Illinois Site Remediation Program).


    • Planning to collect documents for and respond to due diligence questions for the divestiture of several power plants.
    • Developed a review for an investor of issues concerning upcoming environmental compliance issues for a suite of electric generating facilities.
    • Wrote several reviews of either asset purchase agreements or construction contracts relating to ongoing environmental remediation.
    • Authored a review of numerous used auto facilities, including issues related to lease terms, underground storage tank liabilities, and asbestos or lead in building materials.

    Superfund Matters and Voluntary Remediation

    • Led the legal and technical team for the solvent contamination remediation at several industrial facilities.
    • Working with a client team to remediate a former MGP that lies adjacent to a creek. The process has included negotiating with EPA, researching PRP liability, and reaching a settlement with a co-liable party. Remediation evolved from site owner-led cleanup to a sale to another party and the remediation under Ohio’s Voluntary Action Program.  Sediment remediation is expected at the site.
    • In Toledo, Ohio, represented an individual client and, later, a group of parties at the Stickney and Tyler landfill sites. 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, 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 Pritzker School of Law, J.D., 1990
    • University of Illinois at Urbana-Champaign, B.S., Secondary Education, 1980, with honors

    Bar Admissions

    • Illinois
    • U.S. Court of Appeals for the District of Columbia Circuit
    • U.S. District Court for the Northern District of Illinois

        Professional Memberships

        • American Bar Association
      • Insights

        Blog Post

        Infrastructure Permitting Tug of War Between Trump Administration and Courts

        International Bar Association Power Law Committee

        Blog Post

        Affordable Clean Energy Rule Proposed to Replace Clean Power Plan

        Schiff Hardin Energy & Environmental Law Adviser

        News Release

        61 Schiff Attorneys Named to 2019 Best Lawyers in America List and Six Recognized as “Lawyer of the Year”

        Schiff Hardin is pleased to announce that 61 attorneys have been included in the 2019 edition of The Best Lawyers in America, as well as six who were named a “Lawyer of the Year” in their respective areas of practice.

        News Release

        Schiff Hardin Represents Central Steel in Acquisition by Ryerson

        Schiff is representing Central Steel & Wire Company, a leading metal service center with a strong reputation as a valued supply chain partner.

        Blog Post

        Climate Change: Local, State, and Federal Updates

        Chicago Bar Association

        Chicago, Ill.
        News Release

        95 Schiff Hardin Lawyers Named to 2018 Leading Lawyers Lists

        Ninety-six Schiff Hardin lawyers have been named to the 2018 Leading Lawyers lists for Illinois and Michigan.


        2018 Rising Trends in Corporate Climate Disclosures

        The arrival of a new year marks the beginning of the annual proxy season. And this year, shareholders can expect to see a lot more climate change disclosure in 2017 corporate financials.

        Other Publications

        • “Trump targeting NEPA, NSR in push for energy reform in 2018,” (co-author) The Energy Daily (Jan. 8, 2018)
        • “EPA Startup, Shutdown and Malfunction Event Rules Are Changing,” Schiff Hardin Insight (Dec. 12, 2014)
        • “D.C. Circuit Orders USEPA to Respond to Petition to Stop Carbon Rulemaking,” Schiff Hardin Insight (Sep. 23, 2014)
        • “Methane Emissions Regulations on the Horizon for the Oil and Gas Industry,” Schiff Hardin Insight (Aug. 2014)
        • “Supreme Court Limits USEPA's Greenhouse Gas Regulations‚ Refuses to Wave Goodbye to Separation of Power Principles,” Schiff Hardin Insight (Jun. 25, 2014)
        • “A Comprehensive Guide to Redeveloping Contaminated Property,” chapter on Illinois law in Brownfields, American Bar Association (2010)

        Speeches & Presentations

        • “Climate Change: Local, State, and Federal Updates,” Chicago Bar Association (Mar. 21, 2018)
        • “Hot Topics,” (panelist) 2016 Air Quality Management Conference (Oct. 5, 2016)
        • “Are ISOs an Answer to Controlling Greenhouse Gas Emissions?” (co-presenter) 20th Annual FERC Briefing, Boston, Mass., and Chicago, Ill. (Apr. 4 and May 15, 2014)
        • “Coal on the Run?” (co-presenter) 19th Annual FERC Briefing, Chicago, Ill. (Jun. 13, 2013)

      Energy and Environmental Law Adviser

      Infrastructure, Planning Implications, and Midwest Impact of National Climate Assessment

      As climate change is integrated more and more into the planning of corporate opportunities and risks, the Fourth National Climate Assessment released last week may be a valuable resource to assess how climate change may impact your plants or business strategy on the horizon. The assessment, which outlines potential region-by-region impacts from climate change, which... 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