Overview Experience Thought Leadership Outside the Office Community Leadership Pro Bono

Jason A. Flower

Partner

St. Louis
office: 314.480.1769
fax: 314.480.1505

Overview Experience Thought Leadership Outside the Office Community Leadership Pro Bono

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Overview

Jason uses his creative thinking and strategic mindset to the advantage of clients confronting complex environmental challenges and business litigation.

He represents chemical and manufacturing clients nationwide as plaintiffs and defendants in high-profile cost recovery and contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Jason also helps clients manage complex Superfund sites, working to secure cost-effective and environmentally protective remedies through coordination with clients and technical consultants and negotiations with the Environmental Protection Agency (EPA) and state agencies.

Jason defends clients in judicial and administrative environmental enforcement actions under the Clean Air Act and Clean Water Act. He often negotiates consent decrees and settlements with the Department of Justice (DOJ) and EPA.

In addition to traditional environmental matters, Jason represents clients in exposure and toxic tort lawsuits regarding alleged environmental contamination, including personal injury and property damage lawsuits.

Industry

Manufacturing

Services

Environmental

Environmental Remediation & Superfund

Education

J.D., Washington University School of Law
- Order of the Coif
- Washington University Law Quarterly
B.J., University of Missouri-Columbia
- Journalism

Admissions

Missouri
Illinois
U.S. District Court, Eastern District of Missouri

Professional Associations and Memberships

American Bar Association
The Bar Association of Metropolitan St. Louis
Law 360, Environmental Editorial Advisory Board, 2011-2012
The Missouri Bar
The Society of Chemical Manufacturers & Affiliates, Environment Committee

Clerkships

The Hon. Harriet O'Neill, Texas Supreme Court
The Hon. G. Patrick Murphy, U.S. District Court, Southern District of Illinois

Featured Case Study

Superfund Negotiations Result in Successful Outcome With Sensible Remedies

A Fortune 500 chemical manufacturer needed help negotiating with the government over landfill cleanups at two Superfund sites in Sauget, Illinois. In a complex process, Jason provided overall site strategy advice and counseling, including managing and participating in primary responsible party (PRP) groups, negotiating settlements and allocations, and assisting with technical submissions. The final result was sensible remedies that were pragmatic and feasible for the client and environmentally sound for the government. The negotiations are ongoing for the second site.

Additional Experience

Superfund Negotiations Result in Successful Outcome With Sensible Remedies

A Fortune 500 chemical manufacturer needed help negotiating with the government over landfill cleanups at two Superfund sites in Sauget, Illinois. In a complex process, Jason provided overall site strategy advice and counseling, including managing and participating in primary responsible party (PRP) groups, negotiating settlements and allocations, and assisting with technical submissions. The final result was sensible remedies that were pragmatic and feasible for the client and environmentally sound for the government. The negotiations are ongoing for the second site.

Environmental Remediation & Superfund

Represented phosphate mining industry clients in ongoing discussions with EPA on groundwater remediation at elemental phosphorous manufacturing site in southeast Idaho.
Represented Fortune 500 chemical manufacturing clients as plaintiffs in high-profile cost-recovery action regarding contamination in Anniston, Alabama. Defendants have incurred approximately $40 million addressing residential contamination.
Represented plaintiffs in trial regarding contamination migrating off MEW site in Cape Girardeau, Missouri.
Advised Fortune 500 chemical manufacturing client on steering committee for potentially responsible parties (PRP) group at former deep-well disposal facility in Texas City, Texas. United States' Record of Decision at the site chose the PRP group's preferred remedy, and the group negotiated a remedial design and remedial action consent decree. PRP group recovered more than $14 million from nonparticipating parties without filing a lawsuit.

Environmental Regulation Compliance

Helped clients respond to and manage cleanup efforts and address potential risks related to groundwater and vapor intrusion at trichloroethylene sites, successfully minimizing business interruptions arising from environmental investigations and protecting client business interests.
Coordinated successful strategy to persuade EPA to abandon proposed rule that would have required hardrock mining industry to secure $7 billion in financial assurance.
Represented refining and chemical company in litigation over purchased facility's Clean Air Act compliance.
Defended clients against alleged violations of Clean Water Act, including defining and implementing wetlands mitigation project.

Toxic Tort

Defended oil refining company regarding alleged petroleum hydrocarbon contamination in Madison County, Illinois. Plaintiffs agreed to dismiss multiple personal injury cases because of lack of product exposure.

Thought Leadership

Blog

EPA Proposed to Amend Applicability Section of the NESHAPs

Blog

Emissions Standards Affected by ''Once In Always In'' Policy Change

Blog

''Once In Always In'' Guidance

Blog

EPA Considers Whether a Discharge of Pollutants to Groundwater that is Connected to Navigable Waters Requires a Federal Permit

Alerts

EPA Abandons CERCLA Financial Responsibility Rule for Mining Industry – Chemical and Energy Sectors Up Next

Alerts

EPA Proposes Rule on Financial Responsibility for Cleanups in Mining Industry

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Outside the Office

Jason enjoys spending time with his two kids and driving his daughter, a budding gymnast, to practices.

He plays golf when possible and participates in charity golf tournaments. Years ago, at the firm’s partner retreat, he even had a hole-in-one. Jason also attends St. Louis Cardinals and St. Louis Blues games when he can.

Community Leadership

Jason believes in volunteering with civic organizations that support the betterment of St. Louis – and having fun doing it.

He volunteers with organizations that support community events in St. Louis and provide hands-on help for service programs, such as Habitat for Humanity and local schools. Leading the public relations effort, Jason helped one organization host a Fourth of July parade, complete with marching bands, floats and helium-filled balloons, and has volunteered with Fair St. Louis, a three-day festival with food, music and fireworks. When the St. Louis Cardinals won the World Series in 2011, Jason volunteered on a team that organized and staffed the victory parade.

St. Luke’s Life & Hope Fund, Board of Directors, 2011-2013; Golf Tournament, Chair, 2013
VP Parade, Public Relations Chair, 2012-2015

Pro Bono

Jason gets creative with his pro bono activities.

He takes on a few matters each year for Volunteer Lawyers and Accountants for the Arts, usually involving contracts, disputes, intellectual property or incorporation of 501(c)(3) charitable organizations. He finds it rewarding to help artisans, writers, musicians and other creative individuals manage legal issues so they can pursue their passions.