Jennifer Cave is a member of the firm's Environmental, Natural Resources & Energy Service Group. She works closely with businesses to ensure compliance with state and federal environmental laws and regulations. Her experience includes assisting and advising clients on the Clean Air Act and state air pollution laws as well as applying for, negotiating the terms of, and complying with air permits, including Title V and Prevention of Significant Deterioration (PSD) permits, NPDES wastewater permits, and solid waste landfill permits. She has significant experience defending clients in administrative and civil enforcement actions and citizen suit litigation. Jennifer also counsels domestic and international manufacturers on the importation and sale of mobile sources, including non-road engines, vehicles and equipment under the Clean Air Act.
Jennifer guides clients through transactions involving the purchase and sale of contaminated properties and she has experience evaluating environmental due diligence investigations including Phase I Environmental Site Assessments and Phase II Subsurface investigations. She frequently works with clients and their consultants to perform facility or programmatic environmental audits and helps prepare for facility inspections and to develop regulatory response. Jennifer also provides compliance advice on new regulatory proposals and drafts public comments on these rules.
Jennifer also has extensive experience evaluating and litigating coverage for complex and long-tail environmental contamination claims under general liability and pollution liability policies written by both domestic and foreign insurers.
Coverage Settlement — Negotiated a coverage settlement on behalf of an excess insurance carrier in a matter involving claims made in connection with contaminated sediments at the Portland Harbor Superfund site.
Clean Air Act audit — Conducted a Clean Air Act audit and negotiated penalty amnesty with state air agency for a large, coal-fired power plant
Hardship Relief — Obtained hardship relief from U.S. EPA for a manufacturer of non-road equipment following supply chain shortages of compliant engines resulting from the 2011 tsunami in Japan.
Air Permitting Requirements — Evaluated state and local air permitting requirements for a nationwide product recall by a Japanese automotive manufacturer.
PSD/Title V Permit Application — Prepared a combined PSD/Title V Permit Application for a proposed coal-fired power plant.
— Defended a major oil company against CERCLA liability in federal court relating to an accidental release of product from a rail car.
• Advised telecommunications company regarding state air permitting requirements for emergency generators at cell tower sites.