John R. Jacus represents clients under all major federal and state environmental laws and regulatory programs, including the Clean Air Act, Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Clean Water Act, and National Environmental Policy Act (NEPA). His practice includes environmental litigation, administrative proceedings and representation in complex business transactions. He is experienced in rulemaking and adjudicatory proceedings, permitting, litigation for cost recovery, citizen suits, environmental insurance coverage, and the judicial appeal of adverse agency actions, among other matters.
Mr. Jacus’ environmental practice has emphasized the unique legal and operational requirements applicable to the oil and gas, mining, and other natural resources industries, including new and innovative projects on the public lands. He has been heavily involved in permitting, rulemaking, and enforcement defense proceedings involving air quality regulation of stationary sources in oil and gas exploration, production, gathering, and processing, including the promulgation of emission control requirements and efforts to aggregate numerous minor sources into a single major source permit. He also has substantial transactional due diligence and compliance counseling experience with oil and gas and mining facilities. He has particular expertise in the regulation of special wastes under the RCRA and related state laws, including oil and gas exploration and production wastes, and so-called “Bevill” wastes exempt from RCRA hazardous waste regulation.
Mr. Jacus has represented clients at Superfund and RCRA sites in the Rocky Mountain region and around the country, and negotiated the favorable resolution of many disputes, including multi-party negotiations on administrative orders, alleged stipulated penalties, substantial response cost demands, and complex cost allocations. He is also well-versed in environmental auditing and voluntary disclosure, as well as voluntary cleanup under various state programs. He has represented both developers and lenders in connection with permitting and other environmental issues for different major energy projects in Colorado, including wind power and solar projects. Recent projects have included oil and gas facility air permitting in Indian Country; NEPA review of mining and oil and gas facilities for air quality impacts; and the applicability of proposed NSPS rules for specific oil and gas facilities.
Mr. Jacus has authored numerous articles on subjects ranging from Clean Air Act Developments to the transport of hazardous waste to adoption of corporate environmental policies, in various publications of the ABA, Colorado Bar Association, and Rocky Mountain Mineral Law Foundation, among many others. He also served as Editor-in-Chief of Hazardous Waste Strategies Update, a quarterly magazine published by Shepard’s – McGraw Hill, from 1993 to 1997, and as Editorial Assistant for the American Law of Mining, Second Edition.
Mr. Jacus is former Chair of the Environmental Law Section, Colorado Bar Association (1996-1997), a member of the Rocky Mountain EHS Peer Group, and a member of the ABA Section of Environment, Energy & Resources (SEER). Mr. Jacus currently serves as SEER’s liaison to the Rocky Mountain Mineral Law Foundation and as a trustee of the foundation. He also served on SEER’s Council from 1995 to 1998 and in 2009-2010. He served on the editorial board for “Trends,” SEER’s newsletter from 1998 to 2002. Mr. Jacus was co-chair of SEER’s Annual Conference on Environmental Law (Keystone Conference) from 1993 to 1996, and served as the Environmental Program Chair of the 44th Annual Rocky Mountain Mineral Law Institute in 1998. Mr. Jacus currently is a Vice Chair on SEER’s Air Quality Committee and chairs the Colorado Association of Commerce & Industry’s Energy and Environmental Council. In 2013, he was inducted as a fellow in the American College of Environmental Lawyers.
Mr. Jacus has been listed in the International Who’s Who of Environmental Lawyers since 2004 (1st Edition, Who’s Who Legal), was recognized by Chambers USA as a “Leader in Their Field” in Natural Resources & Environment, has been recognized since 2006 by The Best Lawyers in America, was selected for inclusion in Colorado Super Lawyers by Thompson Reuters, was selected for inclusion in 5280 Magazine’s Top Lawyers, and earned an AV® Preeminent™ Peer Review Rating from Martindale-Hubbell. In 1997, Mr. Jacus was a recipient of the U.S. Environmental Protection Agency’s Silver Hammer Award for his work with the North Boulder Project Team in an effort to avoid CERCLA NPL listing of the Crestview neighborhood.
Mr. Jacus has served in various capacities with governance committees and on boards of various public and private schools in Boulder, Colorado. Mr. Jacus is also past Chair of the University of Colorado at Boulder Alumni Association’s Board of Directors (2003-2005) and is a former member of the University of Colorado Foundation’s Board of Trustees (2003-2007).
University of Colorado, J.D., 1984
Stanford University, B.A., 1979