Emissions Trading

Emission Trading Experience

Harry is one of the region's leading attorneys in pollution trading. Mr. Klodowski has found, evaluated and filed Emission Reduction Credit (ERC) Registrations for manufacturers and industrial clients. He assisted companies in obtaining prompt action on ERC applications by the state and federal governments, successfully appealed adverse agency decisions in 2 cases , and has negotiated settlements of other Emission trading problems with the agencies.

Mr. Klodowski is active in Emission trading, representing ERC buyers and sellers for over 15 years. He has negotiated over 30 transactions including the SONY plant in Western Pennsylvania, a new power plant in Queens, New York and a new power plant in the Philadelphia area. The services performed include market analysis and advice in Pennsylvania, New York, Maryland, Utah and other states; identification of traditional and non-traditional ERC sources and negotiation with Credit Brokers, principals, or bankruptcy representatives. He developed and negotiated the contracts for most of the transactions. Harry successfully closed ERC transfers for a number of major corporations including US Steel, Rockwell and Dominion, and has dealt with companies such as Consol, 3M and Dart Containers on the other side of the transaction.

Some of these transactions have required a creative approach to meet client objectives. Harry has been retained by bankrupt companies as special counsel to register and sell ERCs. Harry has purchased ERCs from other bankrupt companies. He worked on the donation or charitable contribution of ERCs to federally tax exempt organizations and has been retained to appraise ERCs. Representing a Buyer in a recent case where it appeared no credits were available, Harry negotiated the acquisition and swap of VOC ERCs from an environmental charitable organization to whom the credits had been donated and retired. Harry completed a difficult assignment on time and on budget.

Mr. Klodowski also counsels businesses on compliance and financial opportunities created under other emission trading programs such as the NOX allowance and SO2 trading programs under the Acid Rain OTC Phase 2 and NOX SIP Call programs. Harry speaks on emission trading programs and has published a number of papers on pollution trading for construction permits and for green house gas trading.