Harry F. Klodowski Jr., Attorney

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 hklodowski@bhklawpgh.com.

• Sedat, Inc. v. Fisher 1992

• Sedat, Inc. v. Com., Dept. of Environmental Resources 1994

• Natural Resources Defense Council, Inc. v. Vygen Corp. 1992