Jane has extensive experience litigating complex federal and state environmental issues including limiting the scope of owner and arranger liability under CERCLA, successful assertion of the useful product defense, narrowing officer/shareholder liability, winning a non-settling party's right to intervene to challenge entry of a consent decree, and gaining favorable interpretations of the so-called pollution exclusion clause in comprehensive general liability insurance policies. Jane directs major complex multiparty environmental litigation from inception through completion, including coordination and development of legal strategy for large joint defense groups at Superfund Sites. Jane has a proven track record for obtaining excellent results for her clients. Jane serves as Co-Chair of the Division III Disciplinary Committee for Region X, appointed by the Missouri Supreme Court for a term through Dec. 31, 2012. She also has a strong commitment to providing pro bono legal services, including supplying representation to low income young people enrolled in Operation Excel YouthBuild, assisting them with resolving outstanding warrants, traffic tickets, and lack of insurance as well as helping to reinstate their drivers' licenses. In Chambers USA, sources spoke of Jane as a "determined and committed client advocate" for her work in environmental law. Awards & Recognitions · Chambers USA, Environmental Law (Missouri), 2010-2011 · Martindale-Hubbell AV Preeminent · Who's Who in American Law Professional Associations & Memberships · The Bar Association of Metropolitan St. Louis, Professionalism and Ethics Committee · Environmental Law Institute · Women's Council on Energy and the Environment · Women Lawyers' Association of Greater Saint Louis Civic Involvement · Court Appointed Special Advocates (CASA) of St. Louis County, Inc., Board of Directors, 2006-2007 · Missouri Campaign for Change Voter Protection Program, St. Louis Leadership Committee, July 2008-November 2008 Clerkships · The Hon. Clyde S. Cahill, U.S. District Court, Eastern District of Missouri, 1988-1990 Experience · Successfully argued to limit the scope of officer/shareholder liability under CERCLA. This was the first Circuit Court of Appeals decision to rule that a plaintiff asserting claim for operator liability under CERCLA must allege that corporate managers directly and personally engaged in conduct that led to specific environmental damage. Arst v. Pipefitters, 25 F.3d 417 (7th Cir. 1994) · Serves as lead counsel, defending 26 clients, including several Fortune 500 companies and major utilities, against two multi-million dollar CERCLA contribution lawsuits alleging liability for arranging for the disposal of hazardous substances via the sales and repairs of used PCB-containing transformers. Consolidation Coal Co. v. 3M Company et al., No. 5:08-CV-00463-FL (E.D. NC); Carolina Power & Light Co. v. 3M Company, et al., No. 5:08-CV-00460-FL (E.D. NC) · Serves as co-counsel, representing oil company in a declaratory judgment and breach of contract action against two of its excess insurers for failure to defend and indemnify client in litigation surrounding the Hartford, Ill. underground plume. Sinclair Oil Corp. v. Allianz and First State Insurance, No. 08 MR 602 (Ill Cir. Ct. Madison Cty.) · Successfully argued the right of non-settling potentially responsible parties (PRPs) to intervene to challenge entry of consent decree between the U.S. government and settling PRPs concerning the clean up of a Superfund site in Cape Girardeau, Mo. This was the first Circuit Court to so rule, and it did so in the face of many district court decisions holding there was no such right of intervention. U.S. v. Union Electric Co., 64 F.3d 1152 (8th Cir. 1995). · Served as counsel for Missouri's Chief Disciplinary Counsel in effort to obtain the release of sealed documents. United States v. Avery West et al, No. 4:07-CR-00656-DJS (E.D. Mo. 2009) · Served as co-counsel and obtained summary judgment against the United States in a CERCLA case where the Court agreed that the sales of used transformers for purposes of resale were not arrangements for the disposal of hazardous substances under CERCLA. United States v. B&D Electric, Inc., et al. No. 1:05-cv-00063-CDP, 2007 WL 1395468 (E.D. Mo. 2007) · Represented Missouri Legal Ethics Counsel in effort to prevent disclosure of a confidential advisory opinion provided to a criminal defense attorney. United States v. Civey, No. 4:08CR00288 CAS (E.D. Mo. 2009) · Served as co-counsel in two environmental insurance cases in which the Court granted clients summary judgment, finding that Ace Insurance had breached its duty to defend our clients against actions brought by the Illinois EPA and private parties for the clean up of former landfills in Sauget, Ill. The Court held in both cases that even though Ace ultimately stepped in to defend, its failure to timely do so along with its initial offer of only a pro rata defense, resulted in Ace being estopped from asserting all coverage defenses, including the absolute pollution exclusion. Estate of Paul Sauget v. ACE USA et al., No. 02-MR-239 (Ill. Cir. Ct., Ill. Cir. Ct., St. Clair Cty. Nov. 26, 2007); Village of Sauget v. ACE USA et al., No. 02-MR-0240 (Ill. Cir. Ct. Ill. Cir. Ct., St. Clair Cty. Nov. 26, 2007) · Obtained a temporary restraining order prohibiting an Alabama attorney from soliciting personal injury clients in Southern Illinois in violation of the prohibition against the unauthorized practice of law and forcing removal of his "Toxic Waste Lawsuit" billboard advertisement. Ysursa v. Estes, No. 07-CH-401 (Ill. Cir. Ct., St. Clair Cty. Apr. 9, 2007) News & Publications News 6.13.11, Husch Blackwell Receives High Rankings, Praise from Clients in Chambers USA 2011 Publications 2.17.10, SEC Issues Interpretive Guidance on Disclosure of Business or Legal Developments Regarding Climate Change and Related Issues 6.4.09, Preparing for Change: Regulation of Greenhouse Gases 10.1.07, Eye on Ethics: Keeping Confidences of Non-Clients, Even Those with Whom You Haven't Spoken, St. Louis Lawyer 6.1.07, Sales of Used Transformers, Sold for Resale to Missouri Electric Works, Declared to Be Sales of Useful Products, Not Arrangements for the Disposal of PCBs, Currents 1.1.07, Eye on Ethics: Femifascists and Dandelions: The Ethical Implications of Judicial Free Speech, St. Louis Lawyer 10.1.05, The Ethics of Pro Bono, The St. Louis Bar Journal 2.1.05, Eye on Ethics: Should it Stay or Should it Go? - Missouri's New Client File Retention/Destruction Rule, St. Louis Lawyer 8.1.04, Eye on Ethics: 1-800-PIT-BULL False and Misleading or Just Tacky? St. Louis Lawyer, The Bar Association of Metropolitan St. Louis 4.1.04, Eye on Ethics: Ethics of Hidden Information in Electronic Documents, St. Louis Lawyer, The Bar Association of Metropolitan St. Louis 12.1.03, Confidentiality of Organizational Clients: Are the Flood Gates Open? Not Yet - But Watch Out! St. Louis Lawyer |