Harry F. Klodowski Jr.

Harry F. Klodowski Jr.

Location:
Wexford, Pennsylvania
Phone:
724-940-4000
Fax:
724-940-4048
Email:

Professional Experience

Harry Klodowski has practiced environmental law since 1979 and has advised companies on environmental compliance questions, negotiated permits and resolved enforcement cases. Harry began practicing as a litigator in a major Pittsburgh law firm, and developed an environmental practice into a separate department. He was a founding partner of another large Pittsburgh firm, where he managed the environmental law practice, supervising 7 professionals.

Harry formed Hull & Klodowski in 2008 to deliver better service and value to his clients and to clients of firms who do not have experienced and practical environmental counsel. He is known for expertise in many areas of environmental regulation, grasp of technical concepts, and business experience. Harry has provided compliance advice to a number of manufacturing industries, and has helped implement environmental management programs at major plants. He has completed environmental assessments of manufacturing facilities throughout the United States, including evaluation of past and future control costs, governmental and citizen suit litigation penalty exposure, property contamination costs and Superfund liability.

Harry has negotiated a variety of environmental permits, including PSD Air Permits and water quality based NPDES permits for steel and chemical plants. He currently advises companies on air pollution obligations and assists client on new source air construction permits, permits for plant modifications and operating permit language. Harry has been representing clients in emission trading matters since 1992 and has completed over 30 Emission Reduction Credit transfer transactions. Harry's lawsuits have changed the course of Pennsylvania's Title V permit and ERC trading programs.

Harry has resolved federal environmental enforcement lawsuits, including trials on alleged NESHAPs violations. He has defended citizen suits by national and local organizations and has prosecuted suits alleging violations of environmental laws. Harry has successfully defended numerous suits by state environmental agencies for air, water and waste violations. Other lawsuits he has prosecuted resulted in changes in regulatory policies. In an unusual 1996 case, he was awarded counsel fees when the Court determined the agency acted in bad faith in refusing to issue a permit.

Based on almost 30 years experience practicing environmental law and evaluating a variety of technical issues, Harry thinks companies should pay more attention to their permits. Environmental permits are contracts with the government allowing the company to operate. Permits with unreasonable conditions can create disastrous results and large legal bills to defend enforcement cases. Hiring experts to review a draft permit costs very little and will reduce future costs.

Personal

Harry received his J.D. from the State University of New York at Buffalo where he was on Law Review and did postgraduate work in environmental studies. He is often invited to speak on air pollution regulation, emission trading, air permitting, and other regulatory matters, and to the public on topics such as ozone pollution and environmental protection. His publications include a chapter in Principles of Environmental Sampling, published by the American Chemical Society, and articles on air pollution, Brownfield development, audit privilege, and measurement error in enforcement situations. Harry was active in the management of the Environmental Law Section of the Allegheny County Bar Association from 1992 through 1997 when he was Chairman of the Section. Harry is a former Chair of the Western Pennsylvania Section of the Air & Waste Management Association (A&WMA) and is past chair of A&WMA's Educational Council. Harry was made a Fellow Member of the AWMA in 1998 in recognition of his professional and civic accomplishments.

To reach attorney Harry Klodowski call him at (724) 940-4000 or email him at Harry@Klodowskilaw.com.

Areas of Practice

  • Environmental Law
  • Clean Air Practice
  • Water Pollution
  • Permits
  • Regulatory Enforcement
  • Administrative Rulemaking
  • Occupational Safety & Health Act - Employer
  • Minerals & Mining
  • Oil & Gas
  • Cleanup & Superfund
  • Hazardous Waste
  • Regulatory Compliance & Auditing
  • Solid Waste
  • Wetlands & Wild Lands
  • Litigation & Appeals
  • Natural Resources Law
  • Logging & Timber
  • Property Damage - Plaintiff
  • Commercial Real Estate

Litigation Percentage

  • 25% of Practice Devoted to Litigation

Bar Admissions

  • Pennsylvania, 1979
  • U.S. District Court Middle District of Pennsylvania, 1984
  • U.S. District Court Western District of Pennsylvania, 1979
  • U.S. Court of Appeals Federal Circuit, 1989
  • U.S. Court of Appeals 3rd Circuit, 1983
  • U.S. Tax Court, 1982

Education

  • University at Buffalo Law School, Buffalo, New York
    • J.D. - 1979
    • Law Review: Buffalo Law Review, Associate and Research Editor, 1977 - 1979
  • State University of New York at Buffalo, Buffalo, New York
    • B.A. magna cum laude - 1976
    • Major: Biology
  • State University of New York at Buffalo, Buffalo, New York
    • B.A. - 1976
    • Honors: With Departmental Honors
    • Major: Geography

Published Works

  • "Climate Change 2008: Getting Ready for Carbon Trading, Platforms and Resources", PA Bar Institute, Environmental Law Forum, 2008
  • "Emissions Trading in The Northeast", A&WMA, Proceedings 2003 Annual Conference, 2003
  • "Analysis of the Nucor Multimedia Settlement", A&WMA Enviromet 2001, Conference Proceedings, 2001
  • "Plant Modifications Under Air Act Rules," in Proceedings of "Environmental Innovations in the Metals Industry", Air & Waste Management Assn., 1998
  • "Legal Considerations in Sampling," in Principles of Environmental Sampling, American Chemical Society, 2d Edition, 1996
  • "A Case Study: Federal Brownfields Agreements", Pittsburgh Engineer, April, 1996
  • "Ozone Offset Trading in Pennsylvania" Proceedings of the Air & Waste Management Association Annual Meeting, Nashville, 1996
  • "Administrative Reform of Superfund", Global Reinsurance, September, 1995
  • "New Air Permit Rules Become Effective", The Pittsburgh Legal Journal, Volume 121, No. 65, April 5, 1995
  • "Redevelopment Under State Superfund Laws", 42 Risk Management 29, February, 1995
  • "The Environmental Audit as a Compliance Management Tool," Environmental Choices, Environmental Information Association, Fall, 1994
  • "New Air Rules Allow Pollution Trading", The Pittsburgh Legal Journal, Volume 120, No. 142, July 28, 1994
  • "Complying With Water Quality Permit Limits: The Role of Analytic Variability", Journal of Environmental Regulation, Spring, 1993

Representative Clients

  • Steel Makers
  • Chemical Industry
  • Steel Processing Plants
  • Mining Companies
  • Real Property Managers
  • Construction Companies
  • Manufacturers
  • Engineering Companies
  • Law Firms

Classes/Seminars

  • "Air Litigation Update", A&WMA Webinar, October 30, 2008
  • "Carbon Trading, The Legal Basis, Platforms and Resources", American Society of Civil Engineers Conference, March 27, 2008
  • Auditing for Clean Air Act Compliance, W. Pa Safety Council, Pittsburgh, PA, 2000
  • "EPA's SEP Penalty Program", Air & Waste Management Association National Conference for Ozone Action Programs, Phoenix, AZ, December 8, 1999
  • "Air Permitting & Enforcement Developments", Air & Waste Management Association CLE Workshop, Pittsburgh, PA, April 27, 1999
  • "Market Based Emissions Trading Program" Air & Waste Management, Association, NOX SIP Call Workshop, Pittsburgh, PA, February 11, 1999 - 2011
  • "Developments in Environmental Audit Privilege", Allegheny County Bar Association, Pittsburgh, PA, October 26, 1995
  • "Clean Air & Economic Development--Searching for Emissions Reduction Credits", Pennsylvania Chamber of Business & Industry, Harrisburg, PA, October 19, 1995
  • "Scientific Evidence in the Courtroom", American Chemical Society, Waste Testing and Quality Assurance Symposium, Washington, DC, July 25, 1995
  • "A Transparent Asset--Air Emission Reduction Credits", Allegheny County Bar Association, Bankruptcy and Commercial Law Seminar, Pittsburgh, PA, May 16, 1995
  • "State Laws Affecting Transactions and Development", RTM Communications, Inc., Conference on Economic Redevelopment, San Francisco, CA, November 8, 1994
  • "Hazardous Waste Liability of Easement Holders", International Right of Way Association Conference, Pittsburgh, PA, June, 1994
  • "What You Need to Know About Measurement and Quantitation," The Clean Water Update, Executive Enterprises, Inc., Chicago, October 1992 & March 1993, Washington, DC, September 1992 & April 1993

Honors and Awards

  • Southwest PA Ozone Action Partnership, Inc. - Golden Glove Award, October, 2001
  • Robert D. O' Hara Award, Allegheny Mountain Section A & WMA, May, 2000
  • Fellow Member, Air & Waste Management Association, 1998
  • Member, Commonwealth of Pennsylvania, DEP-DOT Western Pennsylvania Ozone Stakeholder's Group, 1996 - 1997

Professional Associations and Memberships

  • Allegheny County Bar Association, Member, 1979 - Present
  • Allegheny County Bar, Environmental Law Section, Director, Program Chair, Vice Chair and Chair, 1992 - 1997
  • Air & Waste Management Association, Allegheny Mountain Section, Director, Secretary, Vice Chair & Chair, Membership Committee Chair, 1996 - Present
  • Air & Waste Management Association, Past Chair, Education Council & Board of Directors, Sections & Chapters Council Membership Committee Chair, 1996 - Present
  • Allegheny County Health Department, Chair, Asbestos Professionals Work Group, 1990 - 1994
  • American Chemical Society, Division of Environmental Chemistry, Chair, Legal & Regulatory Issues, 1994 - 1997
  • South Western Pennsylvania Air Quality Partnership, Inc., Member, 1997 - Present
  • South Western Pennsylvania Air Quality Partnership, Inc., Past Chair, 2004 - 2006
  • Pennsylvania Bar Association, Member
  • American Bar Association, Member
  • Environmental Law Institute, Member
  • Pittsburgh Regional Center for Science Teachers (PRCST), Board of Directors, 2010 - Present
  • Counsel to Three Rivers Chapter CHMM (Certified Hazardous Materials Manager), 2005 - Present

Past Employment Positions

  • Picadio, McCall, Kane & Norton, Partner, 1993 - 1994
  • Doepken Keevican & Weiss, Shareholder, Director of Environmental Group, 1988 - 1993
  • Berkman Ruslander Pohl Lieber & Engel, Environmental Group Partner and Litigation Group Partner, 1979 - 1988