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Michael D. Klein

Member

: Harrisburg
17 North Second Street
Suite 1410
Harrisburg, PA 17101
P: (717) 703-5903
TF: (877) 868-0840
F: (202) 640-5521
: Washington, D.C.
P: (202) 912-4822
F: (202) 861-1905

Michael D. Klein

Michael has a national practice, spanning almost 40 years, representing utilities, municipalities, corporations, and developers in a broad array of water, wastewater, and energy related matters. In the water sector, Michael is legal counsel to state chapters of several U.S and international associations of public water suppliers. He has served as general counsel for public water suppliers in Kentucky, Maryland, Pennsylvania, Tennessee, Virginia, and West Virginia. He has significant experience in the regionalization and sale of public water and sewer facilities, and in the siting and construction of such facilities. He has also negotiated numerous bulk water sales and purchase agreements. He has represented clients in obtaining water allocation permits/approvals from state agencies and interstate compacts.

In the energy sector, Michael has been involved in the leasing of natural gas and oil interests. He has represented companies involved in the fracking of shale plays, including the Marcellus. He has significant experience in the permitting, siting, and construction of large energy projects, including wind farms.

With respect to project development, Michael has extensive experience in construction law, having grown-up working in his family’s building supply and construction operation. Through the years, he has helped guide a broad spectrum of clients through significant construction issues and legal challenges, involving NPDES permits for storm water discharges associated with construction activities; erosion and sediment control permits; post-construction storm water management plans, land use, and eminent domain. When legal challenges to permits and other approvals issued to clients arise, Michael has the experience and knowledge to defend in negotiations and litigation, the permits and other approvals issued to his clients. Michael has years of experience litigating cases before federal and state courts, and other forums, including state environmental hearing boards, and state public utility commissions.

Michael writes a regular column providing water law updates for a water industry magazine, is quoted by national and international media, and is often a featured speaker at law conferences on subjects ranging from crisis communications to utility infrastructure projects, and regulatory compliance. Michael is rated by Martindale-Hubbell® as AV Preeminent, the “highest possible rating in both legal ability and ethical standards.”

Experience

Represented a company before the Pennsylvania Environmental Hearing Board in the defense of an approval issued to it allowing the use of oil and gas well drill cuttings for the capping of a Brownfields site.

Handled water/sewer authority formation, governance, ownership, scope of powers, asset transfer, and financing issues in connection with a county water and sewer regionalization project.

Represented a water company in litigation involving the use of chloramines as a disinfectant in public drinking water.

Represented an international airport in an inverse condemnation matter.

Represented a regional water authority in the sale of its water and sewer systems to a public utility.

Represented a city in the sale of its water system to a municipal authority.

Represented wind power companies in the siting, permitting, financing, and construction of wind projects.

Represented an oil company in the formation, corporate governance, and leasing of gas and oil interests.

Represented a waste processing company in permitting and litigation challenging permits.

Represented a natural gas company in the condemnation of natural gas storage properties.

Represented a fracking sand company in the siting and permitting of a transload facility.

Represented a corporation in the negotiation of natural gas leases.

Jointly represented a city and municipal authority to create and implement plan that increased city revenues and enhanced water and municipal waste services.

Represented an energy trade association in litigation regarding consumer protection issues.

Represented an alternative energy generator in land use and other related environmental matters.

Represented a sewer utility in the acquisition of another sewer utility.

Represented a gas utility in the acquisition of a local gas distribution company.

Represented the Town of Rising Sun, Md., in the negotiation of a bulk water supply and connection agreement that will bring potable water to the Town from Pennsylvania. Also represented the town in connection with the permitting process for the pipeline, which was particularly rigorous because it is one of the few interstate water pipelines in the United States, and which became increasingly complex and high-profile in the wake of the lead-in-water crisis in Flint, Mich.

News

Investor Owned Utilities Benefit As Fair Value Legislation Incentivises System Sales

December 01, 2016

Michael Klein discusses the adoption of fair market value legislation for investor-owned utilities in several U.S. states in Global Water Intelligence.

Rising Sun Signs Contract with Chester Water Authority

August 25, 2016

Michael Klein discusses a new agreement between Rising Sun, Maryland, and the Chester Water Authority to address the town's inadequate water supply issues.

Michael Klein Mentioned on Standardspeaker.com

December 20, 2015

Michael Klein, co-chair of Cozen O’Connor’s Energy Industry Team, was mentioned in a Standardspeaker.com article about his case in the Greater Hazleton area.

Michael Klein Discusses Settlement of D&I Silica’s Suit Against Wyoming County in The Scranton Times-Tribune

November 03, 2014

In an article titled “Judge OKs silica sand settlement,” Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy practice group, discusses the recent settlement of his client’s lawsuit against Wyoming County. D&I Silica sued the county after its permit for a proposed land development was rejected by the county planning commission. Following the settlement, Senior Judge Brendan Vanston commended D&I Silica and the county for reaching a resolution and added that without the agreement, “D&I would have prevailed and your county and tax dollars would have taken a big hit.”

Michael Klein Discusses Complaint Against Wyoming County Planning Commission in The Scranton Times Tribune

September 02, 2014

In an article titled, “Silica Sand Firm Sues Wyoming County,” Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy Group, discusses a complaint filed on behalf of D&I Silica against the Wyoming County Planning Commission. The complaint alleges that the planning body “did not satisfy the explicit requirements” of the Pennsylvania Municipalities Planning Code when it declined to grant preliminary approval of a proposed transload silica sand facility at a hearing on July 16.

Michael Klein Introduces Victoria Binetti at the Energy, Environmental and Public Utility Symposium

June 17, 2014

Michael Klein, of the Energy, Environmental & Public Utility Group, was recently involved with the Practice Group's symposium: "Preventing Hazardous Material Catastrophes in a Changing World." Michael introduced Victoria Binetti, Chief, U.S. Environmental Protection Agency, Drinking Water, Region 3.

Michael Klein Interviewed by Storm Water Solutions Magazine Regarding the Privatization of Municipal Water and Sewer Systems

April 03, 2014

In a Q&A feature published by Storm Water Solutions Magazine, Michael Klein (Utility, Environmental & Energy, Washington, DC and Harrisburg, PA) discusses the increasing demand for privatized municipal water services and the effects of privatization. Michael highlights the pros and cons of privatization and provides examples of municipalities that have benefited from privatization.

Cozen O’Connor Adds Three Dewey & LeBoeuf Attorneys Including Energy Partner Michael D. Klein

April 17, 2012

Cozen O’Connor Adds Three Dewey & LeBoeuf Attorneys Including Energy Partner Michael D. Klein

Sex and Water Do Not Mix [PAAWWA]

January 01, 2018

Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy Practice Group, discusses the rise of sexual harassment awareness in every sector of society, including the water industry, in Pennsylvania American Water Works Association's magazine, The Water News Source.

Drones: The Sky is no Longer the Limit for Water/Sewer Systems [PAAWWA]

April 24, 2017

David Heffernan, Michael Klein and Jennifer Urban discuss how drones will revolutionize the way water and sewer systems operate and the legal restrictions that accompany this new practice.

Pennsylvania Water Law [PAAWWA]

January 27, 2017

Michael Klein, a member of Cozen O'Connor's Utility, Environmental & Energy practice, discusses Pennsylvania water law in the PA Section - American Water Works Association.

Pennsylvania’s New Law for Valuing Acquired Municipal/Authority Water and Wastewater Systems [Utility, Environmental & Energy Alert]

May 04, 2016

Michael Klein, David Zambito and Troy Sellars discuss Act 12 that revises Chapter 13 of the Pennsylvania Public Utility Code to provide a framework for valuing, for ratemaking purposes, water and wastewater systems that are owned by a municipal corporation or authority and that are to be acquired by another entity that is or will be regulated by the Pennsylvania Public Utility Commission as a public utility.

Take the Lead on Lead in Drinking Water [The Authority]

April 24, 2016

Michael Klein discusses dwindling consumer confidence in the safety of their tap water in light of the water crisis in Flint, Michigan.

A Thorny Aspect of Unmetered Sewer Rates Based on Metered Water Rates Has Its Day In Court

February 03, 2016

Michael Klein discusses the legal issues affecting water suppliers in Pennsylvania in the winter 2015-16 issue of the Water News Source.

Commonwealth Court Upholds the Right of an Authority to Bill and Collect for Services Previously Unbilled Due to Inaccurate Information [American Water Works Association]

October 15, 2015

Michael Klein discusses the Commonwealth Court’s recent decision in Valley Forge Sewer Authority v. Hipwell et all. involving a municipal authority’s efforts to collect rates for several years of services that had been rendered, but not previously billed by the authority due to inaccurate information.

Pennsylvania Water Law: The PA Supreme Court Makes Decisive Eminent Domain Ruling [American Water Works Association]

January 29, 2015

In an article titled ''The PA Supreme Court makes decisive eminent domain ruling,'' Michael Klein, co-chair of Cozen O’Connor’s Energy Industry Team, discusses Pennsylvania’s Property Rights Protection Act and how investor-owned water utilities are not regulated under the Act, but remain subject to the Eminent Domain Code and applicable case law that provide restrictions on their exercise of the right of eminent domain.

Pennsylvania Water Law: Contamination Incidents and Liability [American Water Works Association]

October 31, 2014

In an article titled “Pennsylvania Water Law: Contamination Incidents and Liability,” Dexter Hamilton, a member of Cozen O’Connor’s Commercial Litigation Department, Michael Klein, co-chair of the firm’s Energy & Utilities Industry team, and Thomas Leonard, an associate in the Commercial Litigation Department, address recent water contamination incidents and the inevitable legal actions that follow.

Preventing Hazardous Material Catastrophes In A Changing World [Webcast]

June 17, 2014

Cozen O'Connor's Energy Environmental & Public Utility Group convenes a symposium of national experts in Philadelphia to discuss emerging issues surrounding catastrophic releases of hazardous materials.

The Freedom Industries' Chemical Spill: It Didn't Stay in West Virginia [The Authority]

April 28, 2014

In an article titled, “The Freedom Industries’ Chemical Spill – It Didn’t Stay in West Virginia” published in the April issue of The Authority magazine, Michael Klein (Utility, Environmental & Energy, Washington, DC and Harrisburg, PA) discusses the ramifications of the recent Freedom Industries chemical spill and encourages public water suppliers to prepare for such an event by updating their vulnerability assessments, emergency response plans, and employee training programs.

Your Vulnerability and Emergency Response Plan -- Friends or Enemies? [Keystone Tap]

March 19, 2014

In an article titled “Your Vulnerability and Emergency Response Plan – Friends or Enemies?” Michael Klein recommends – following the recent Elk River chemical spill in West Virginia – that every public water system consider doing at least two things: (1) review and update existing vulnerability assessments and emergency response plans; and (2) regularly train and educate employees with respect to the assessments and plans.

Utilities Sector To Be a Focus of Executive Order Directing Development of Critical Infrastructure Cybersecurity Framework [Energy, Environmental and Utilities Alert]

February 20, 2013

Little more than a week after reports of cyber attacks targeted at the Department of Energy, The New York Times and The Wall Street Journal, President Obama declared in his State of the Union address that these forms of attacks on the nation’s critical infrastructure are rapidly growing and present “real threats to our security and our economy.”

The Future of Environmental Regulation and the Impact on the Practice of Environmental Law [Inside the Minds: The Impact of Environmental Issues on Business Transactions]

January 01, 2013

Over the last several years, attorneys have begun to see the focus of environmental regulations in the United States shifting from cleaning up legacy contamination to anticipating the environmental challenges of the future.

Pennsylvania Amends Municipality Authorities Act to Restrict Authority Expenditures [Energy, Environmental and Utilities Alert]

July 05, 2012

Pennsylvania Amends Municipality Authorities Act to Restrict Authority Expenditures - Energy, Environmental and Utilities Alert - On June 27, 2012, Pennsylvania Governor Tom Corbett signed into law Senate Bill 375, which had been approved by a vote of 47-0 in the Senate on June 13 and by a vote of 196-0 in the House on June 19. The bill places certain restrictions on municipal water and sewer authorities’ ability to expend resources on activities not related to their core purpose.

EPA Issues Final Emissions Standards for Oil & Natural Gas Sector [Energy, Environmental and Utilities Alert]

May 04, 2012

EPA Issues Final Emissions Standards for Oil & Natural Gas Sector - Energy, Environmental and Utilities Alert - On April 17, 2012, the U.S. Environmental Protection Agency (EPA) finalized performance and emissions standards for emissions from hydraulically fractured natural gas wells and
other source categories in the oil and natural gas sector. Specifically, the rule revises New Source Performance Standards (NSPS) under 40 C.F.R. part 60, subparts KKK, LLL and new OOOO as well as National Emissions Standards for hazardous Air Pollutants (NESHAP) under 40 C.F.R. part
63, subparts HH and HHH.

2018 WWOAP Conference	Boalsburg, PA	09/24/2018
Pennsylvania AWWA Annual Conference	Pocono Manor, PA	05/10/2018
NAWC PA Chapter Annual Meeting and Awards Luncheon		05/01/2018
Crisis Communications: Developing a Workable Strategy & Plan (October)	Cranberry Township, PA	10/13/2017
PBI Public Utility Law Conference	Harrisburg, PA	05/31/2017
Crisis Communications: Developing a Workable Strategy & Plan	Mechanicsburg, PA	05/18/2017
Annual Meeting and Awards Luncheon of the National Association of Water Companies	Harrisburg, PA	05/09/2017
PA AWWA 69th Annual Conference	Hershey, PA	04/25/2017
Current Legal Challenges in Energy and Water Infrastructure Development	Webinar	08/11/2016
Pennsylvania American Water Works Association Annual Conference	Bethlehem, PA	05/10/2016
2016 NAWC Pennsylvania Annual Meeting and Luncheon	Harrisburg, PA	05/03/2016
2015 NAWC Pennsylvania Chapter Annual Meeting and Luncheon	Harrisburg, PA	05/05/2015
Preventing Hazardous Material Catastrophes In A Changing World	Philadelphia, PA	06/17/2014
PA-AWWA's 66th Annual Conference	Bethlehem, PA	05/08/2014
NAWC Pennsylvania Chapter Annual Meeting & Awards Luncheon	Harrisburg, PA	05/06/2014
Public Utility Law Conference	Harrisburg, PA	05/30/2013
The National Association of Water Companies, PA Chapter (NAWC) Annual Meeting	Harrisburg, PA	05/07/2013
NAWC PA Annual Meeting and Awards Luncheon	Harrisburg, PA	05/08/2012

Practice Areas

Offshore Wind Energy

Utility, Environmental & Energy

Education

Dickinson School of Law, J.D., 1976
King's College, B.A., magna cum laude, 1973

Awards & Honors

Judge James McGirr Kelly Award For Excellence

American Water Works Association Special Recognition Award

Martindale Hubbell rated AV® Preeminent

Bar Admissions

Court Admissions

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